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PEOPLE v. THOMAS

71 A.D.2d 280 (1979)

The People of the State of New York, Respondent, v. Elery Thomas, Also Known as Thomas Elery, Appellant

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

December 6, 1979

Attorney(s) appearing for the Case

Erica Horwitz of counsel (William E. Hellerstein, attorney), for appellant.

Kenneth R. Larywon of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney), for respondent.

FEIN, J. P., LANE and LYNCH, JJ., concur with SULLIVAN, J.; LUPIANO, J., dissents in an opinion.

SULLIVAN, J.

Defendant was convicted of three counts of murder in the second degree (Penal Law, § 125.25, subd 1 [intentional killing]), for killing his "girlfriend", Deborah Williams,1 and her two daughters. From the proof, essentially circumstantial, except for a full, detailed confession, the admissibility of which is not at issue, it appears that jealousy was the motive....

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