Defendants Dominick and Roger De Ruggiero stand charged, along with their brother John and nephew Stanley, with the November 15, 1976 shotgun murder of Ronald "Butch" Futia in Yonkers. A first joint trial of Roger and Dominick ended in a mistrial as a result of jury misconduct. Now, during the course of the People's direct case upon retrial, an unusual question of law, apparently not encountered in any reported case since the CPL amendments...
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