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PEOPLE v. ALICEA

37 N.Y.2d 601 (1975)

The People of the State of New York, Respondent, v. Edward Alicea, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Armende Lesser for appellant.

Mario Merola, District Attorney (Robert M. Stone of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

Edward Alicea and his cousin, Fernando Vargas, were tried jointly and convicted of the crimes of manslaughter first degree (Penal Law, § 125.20) and possession of a weapon (Penal Law, § 265.05). The Appellate Division, by divided vote, affirmed Alicea's convictions, stating that while they neither condoned nor excused the conduct of the Assistant...

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