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PEOPLE v. BALDI

76 A.D.2d 259 (1980)

The People of the State of New York, Respondent, v. Joseph Baldi, Appellant

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

June 16, 1980

Attorney(s) appearing for the Case

Leon B. Polsky and William E. Hellerstein (Edward C. Wallace, Jr., of counsel), for appellant.

John J. Santucci, District Attorney (Charles N. Walsh of counsel), for respondent.

HOPKINS, J. P., and TITONE, J., concur with LAZER, J.; MARTUSCELLO, J., dissents and votes to affirm the judgments with an opinion, in which COHALAN, J., concurs; COHALAN, J., dissents and votes to affirm the judgments with a separate opinion, in which MARTUSCELLO, J., concurs.

LAZER, J.

At about 3:30 A.M. on June 17, 1972, Deborah Januszko, a girl of 15, was brutally knifed in the chest while sleeping in her ground floor bedroom. Before expiring, the girl told her parents (who had rushed to the room in response to her scream) that the assailant had stabbed her through an open window. Four days later, Joseph Baldi was arrested for the crime and allegedly re-enacted the murder three...

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