PEOPLE v. VITALIS


67 A.D.2d 498 (1979)

The People of the State of New York, Respondent, v. James Vitalis, Appellant

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

April 30, 1979


Attorney(s) appearing for the Case

Joshua Rosenberg for appellant.

Eugene Gold, District Attorney (Michael J. Halberstam of counsel), for respondent.

SUOZZI, J. P., O'CONNOR, RABIN and SHAPIRO, JJ., concur.


Per Curiam.

This is an appeal from a judgment of the Supreme Court, Kings County, rendered April 23, 1976, convicting defendant of murder, upon a jury verdict. The judgment should be reversed and the indictment dismissed.

Defendant was indicted for the crime of common-law murder arising out of the killing of 16-year-old Marie Ann Barker on July 21, 1974, while she was in her apartment at 656 46th Street, in...

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