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  5. 26 N.Y.2d 331 (1970)
 

PEOPLE v. BURWELL

26 N.Y.2d 331 (1970)

The People of the State of New York, Respondent, v. Joseph A. Burwell, Appellant. (Action No. 1.) The People of the State of New York, Appellant, v. James T. McMoore and Willie L. Washington, Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Leon B. Polsky and Milton Adler for Joseph A. Burwell, appellant.

Louis J. Lefkowitz, Attorney-General (Whitman Knapp and Morton E. Grosz of counsel), for The People, as appellant and respondent.

Malvine Nathanson and Milton Adler for Willie L. Washington, respondent.

Dean C. Rohrer and Milton Adler for James T. McMoore, respondent.

Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per curiam opinion; Chief Judge FULD dissents in part and votes to affirm in People v. McMoore and Washington in a separate opinion in which Judge BURKE concurs.

Per Curiam.

Defendant Burwell, who did not testify, suffered no prejudicial error in the admission of his codefendants' confessions, since the confessants testified and were available to Burwell for cross-examination. The rule in People v. Anthony (24 N.Y.2d 696, 702-703) is applicable and determinative.

Nor did defendants McMoore and Washington suffer prejudicial...

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