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PEOPLE v. ANDRIANI

67 A.D.2d 20 (1979)

The People of the State of New York, Respondent, v. Michael Andriani, Carlos Boutureira, Joseph Chiapetti, Michael Doyle, Robert McLamb and Andres Sanchez, Appellants

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

March 13, 1979

Attorney(s) appearing for the Case

Conrad F. Ferrigno of counsel (Michael P. Direnzo, attorney), for Michael Andriani, appellant, and (David M. Markowitz, attorney), for Joseph Chiapetti, appellant.

Irwin Rochman for Robert McLamb, appellant.

Robert Louis Cohen for Andres Sanchez, appellant.

John James Janiec for Michael Doyle, appellant.

Ronald D. Degen of counsel (O'Rourke, McGovern & Degen, attorneys), for Carlos Boutureira, appellant.

Robert M. Morgenthau, District Attorney (Robert M. Pitler, Richard Hamburger and John Moscow of counsel), for respondent.

SILVERMAN, J. P., and FEIN, J., concur with MARKEWICH, J.; SANDLER, J., dissents as to defendant Doyle in an opinion.

MARKEWICH, J.

On the evening of September 8, 1976, Washington Square Park in New York County was invaded by a group of men armed with clubs, sticks, bats and other weapons, apparently bent on driving out a number of denizens of that area. During the brief course of events several persons were attacked, resulting in a homicide and injuries to victims of assault. The six...

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