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PEOPLE v. LICCIONE

63 A.D.2d 305 (1978)

The People of the State of New York, Respondent, v. Anthony Liccione, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1978

Attorney(s) appearing for the Case

John R. Parrinello for appellant.

Lawrence T. Kurlander, District Attorney (Melvin Bressler of counsel), for respondent.

MOULE and WITMER, JJ., concur with SIMONS, J.; MARSH, P. J., and DILLON, J., dissent and vote to reverse the judgment and grant a new trial in an opinion by MARSH, P. J.

SIMONS, J.

Defendant has been convicted of murder, second degree, arising from the death of his wife, Mary Liccione. He was not present when she was attacked and fatally stabbed, but before she died Mrs. Liccione told witnesses that defendant had hired her assailant to kill her. Defendant's conviction rests substantially upon her dying declarations and upon his admissions...

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