Judgment as to defendant Tamilio affirmed. Judgments as to defendants Santanella and Cappiello reversed, on the law, and new trial ordered as to them.
Defendants were each charged, inter alia, with two counts of murder in the second degree. The indictment alleged that on or about August 10, 1976 defendants, "having attempted to commit and committed the crimes or robbery and burglary, and in the course of and in furtherance of such crime[s] and of immediate...
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