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PEOPLE v. SULLIVAN

48 A.D.2d 398 (1975)

The People of the State of New York, Respondent, v. Jose Luis Sullivan, Also Known as Milton Echevarria, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 1, 1975

Attorney(s) appearing for the Case

Jane E. Berger of counsel (William E. Hellerstein and William J. Gallager, attorneys), for appellant.

Barry N. Birnbaum of counsel (Jared J. Scharf with him on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN and NUNEZ, JJ., concur with LANE, J.; STEVENS, P. J., and MURPHY, J., dissent in an opinion by MURPHY, J.

LANE, J.

The evidence adduced with regard to the commission of the double homicide in this case is most graphic, and the dissent concedes that the proof of the performance by the defendant of the criminal acts alleged was established beyond a reasonable doubt.

There remains for discussion, however, a twofold problem with regard to the defendant; namely, was he insane at the time of the commission of the...

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