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  5. 46 N.Y.2d 181 (1978)
 

PEOPLE v. SAFIAN

46 N.Y.2d 181 (1978)

The People of the State of New York, Respondent, v. David Safian, Appellant. The People of the State of New York, Respondent, v. Robert F. Miner, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Herman Kaufman, Lewis R. Friedman and Jack T. Litman for appellant in the first above-entitled action.

Richard Goldsweig for appellant in the second above-entitled action.

Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondent in the first and second above-entitled actions.

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

Chief Judge BREITEL.

Defendants David Safian and Robert Miner appeal from affirmances of their convictions for the murder of Safian's wife by Miner, a killer unknown to the wife and confessedly hired by Safian, and for possession of a weapon. At their joint trial, the confession of each defendant was admitted, with repeated and explicit instructions by the Trial Justice that each defendant's confession was to...

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