PEOPLE v. CICCHETTI


44 N.Y.2d 803 (1978)

The People of the State of New York, Respondent, v. Thomas Cicchetti, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1978.


Attorney(s) appearing for the Case

Stephen Gillers for appellant.

Eugene Gold, District Attorney (Joel M. Goldberg of counsel), for respondent.

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


MEMORANDUM.

Late in the evening of October 3, 1974, a brawl erupted into a bloodbath in the Casa Blanca Bar on Bay Ridge Avenue in Brooklyn. During the melee, four persons were either stabbed or shot. In addition, a fifth individual, Frank Nocera, died, having been shot once in the head, once in the chest, and having suffered six stab wounds.

Defendant was charged with causing the fatality by means of a firearm. At his trial, two witnesses testified that during...

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