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  5. 38 N.Y.2d 760 (1975)
 

PEOPLE v. COSSENTINO

38 N.Y.2d 760 (1975)

The People of the State of New York, Respondent, v. Armando Cossentino, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Lawrence K. Feitell for appellant.

Nicholas Ferraro, District Attorney (Barry A. Schwartz of counsel), for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

MEMORANDUM.

This is an appeal by defendant Cossentino from a judgment of the Supreme Court, Queens County, rendered October 19, 1962, convicting him of murder in the first degree and sentencing him to death, the punishment having been commuted to life imprisonment by the Governor in 1970.

Cossentino and Jean Di Fede were indicted for the first degree murder of the latter's husband on December 7, 1961. On the tenth...

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