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PEOPLE v. AL-KANANI

33 N.Y.2d 260 (1973)

The People of the State of New York, Respondent, v. Abdul Karim Al-Kanani, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Noel C. Crowley for appellant.

George J. Aspland, District Attorney (David F. Jordan of counsel), for respondent.

Judges BURKE, BREITEL, JASEN, JONES and WACHTLER concur with Judge GABRIELLI; Chief Judge FULD dissents and votes to reverse.

GABRIELLI, J.

The defendant has been twice convicted for the murder of his wife. In the early morning hours of April 22, 1964, he killed his wife by striking her about the head with a metal fireplace poker and stabbing her with a large meat fork. After indictment, he was found mentally unfit to stand trial and commitment to Matteawan State Hospital followed. Later certified capable to conduct his defense he was...

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