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  5. 35 N.Y.2d 787 (1974)
 

PEOPLE v. BUTLER

35 N.Y.2d 787 (1974)

The People of the State of New York, Respondent, v. Cornelius Butler and Lawrence Hayes, Appellants.

Court of Appeals of the State of New York.

Decided November 14, 1974.

Attorney(s) appearing for the Case

Leon A. Milman and James M. Abramson for Cornelius Butler, appellant.

Sidney G. Sparrow and Spiros A. Tsimbinos for Lawrence Hayes, appellant.

Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr. and Joseph R. Onorato of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM.

We have examined defendants' several contentions and find them to be without merit. The convictions should, therefore, be sustained.

The judgments appealed from should be modified by vacating the sentence of death, however (People v. Fitzpatrick, 32 N.Y.2d 499), and the case remitted to Supreme Court, Queens County, for resentencing. As so modified, the judgments...

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