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PEOPLE v. OZAROWSKI

38 N.Y.2d 481 (1976)

The People of the State of New York, Respondent, v. Thomas Ozarowski, Russell DePasquale, Martin Miller, Marc Zakarin, Philip Benenati, Roger Santavicca and Thomas O'Neill, Appellants.

Court of Appeals of the State of New York.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Morton N. Wekstein and Stephen J. Schwartz for Thomas Ozarowski, Martin Miller, Marc Zakarin and Roger Santavicca, appellants.

Dante S. Alberi for Philip Benenati, appellant.

J. Radley Herold for Thomas O'Neill, appellant.

James J. Duggan for Russell DePasquale, appellant.

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

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

FUCHSBERG, J.

These seven defendants, Thomas Ozarowski, Russell DePasquale, Martin Miller, Marc Zakarin, Philip Benenati, Roger Santavicca, and Thomas O'Neill,1 were all convicted of conspiracy in the third degree (Penal Law, § 105.05) for their joint participation in an act of violence which resulted in extraordinarily severe injury to their victim. Upon the basis of the conspiracy...

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