PEOPLE v. MURRAY


40 N.Y.2d 327 (1976)

The People of the State of New York, Respondent, v. Melvin Murray, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1976.


Attorney(s) appearing for the Case

Joel Martin Aurnou and James J. Duggan for appellant.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondent.

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


GABRIELLI, J.

Defendant was indicted for the crimes of common-law murder, felony murder, two counts of attempted robbery, attempted grand larceny and possession of a weapon as a felony. He had admitted and confessed to a police officer that during the course of attempting to rob a man sleeping in an automobile, a struggle ensued, and he stabbed and killed a man.

The critical issue presented is whether...

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