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PEOPLE v. BATTEN

31 N.Y.2d 737 (1972)

The People of the State of New York, Appellant, v. Reginald Batten, Respondent.

Court of Appeals of the State of New York.

Decided November 1, 1972.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Aaron Nussbaum of counsel), for appellant.

Myron Beldock for respondent.

Concur: Chief Judge FULD and Judges BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to reverse in the following opinion in which Judges SCILEPPI and BERGAN concur.

Order affirmed on the opinion at the Appellate Division.

BURKE, J. (dissenting).

After a jury trial, defendant was convicted of murder in the first degree (felony murder) in the wanton slaying of three butchers in Brooklyn, the predicate felony being robbery. The proceeds of the robbery, some $3,500, were recovered from defendant's apartment, concealed in a suitcase. Under police interrogation, defendant...

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