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  5. 33 N.Y.2d 90 (1973)
 

PEOPLE v. CULHANE

33 N.Y.2d 90 (1973)

The People of the State of New York, Respondent, v. Charles Culhane and Gerald McGivern, Appellants.

Court of Appeals of the State of New York.

Decided October 23, 1973.

Attorney(s) appearing for the Case

Victor J. Rubino, Betty D. Friedlander, Jack Himmelstein, John T. Hand and Lynn Fahey for Charles Culhane, appellant.

Jay H. Topkis and Leonard Unger for Gerald McGivern, appellant.

Francis J. Vogt, District Attorney (Edward M. P. Greene and Douglas Jesse Hunt of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge BREITEL concurs in a separate opinion in which Judges JASEN and GABRIELLI concur.

WACHTLER, J.

This is an appeal from judgments of the County Court of Ulster County based on jury verdicts convicting the appellants of felony murder and sentencing both of them to death. Since this is a case in which the death penalty was imposed, the appeal came directly to our court from the County Court (CPL 450.70).

In view of our recent decision in People...

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