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PEOPLE v. PAYNE

35 N.Y.2d 22 (1974)

The People of the State of New York, Respondent, v. Richard A. Payne, John L. Davis and Charles J. Streiff, Appellants.

Court of Appeals of the State of New York.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Vincent J. Rossi and Robert M. Pitler for Charles J. Streiff, appellant.

Louis J. Zywiak for Richard A. Payne and John L. Davis, appellants.

Richard D. Enders, District Attorney (Rocco Louis Versace of counsel), for respondent.

Judges JONES and RABIN concur with Judge WACHTLER; Judge JASEN concurs in result only; Judge STEVENS dissents in part and votes to affirm as to all defendants in a separate opinion in which Judge GABRIELLI concurs; Chief Judge BREITEL taking no part.

WACHTLER, J.

On September 30, 1970 the State police were notified that Martha Kirk had been missing for several days. On that same date they discovered her car in the parking lot of Merrill's restaurant in the Town of Floyd. The owner of the restaurant recalled first seeing the car there during the early morning hours of September 27, 1970.

On October 4, 1970...

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