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PEOPLE v. LUCIANO

46 N.Y.2d 767 (1978)

The People of the State of New York, Respondent, v. Jacob Luciano, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Philip I. Beane for appellant.

Mario Merola, District Attorney (Edward G. Spell, Alan D. Marrus and Barbara Gonzo of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On the present record, the trial court properly refused to charge the jury that it could consider lack of motive in determining defendant's guilt. Although in some circumstances absence of motive evidence may tend to establish that defendant did not commit the act charged or that he lacked the requisite...

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