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PEOPLE v. PROVENZANO

50 N.Y.2d 420 (1980)

The People of the State of New York, Appellant, v. Anthony Provenzano and Harold Konigsberg, Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Michael Kavanagh, District Attorney (Edward M. P. Greene of counsel), for appellant.

Gerald L. Shargel, Maurice Edelbaum, John Pollok and Jay Goldberg for Anthony Provenzano, respondent.

Ivan S. Fisher and Joel B. Rudin for Harold Konigsberg, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

In June of 1961, Anthony Castellito, a New Jersey union official, disappeared. Fifteen years later, although Castellito's body was never discovered, Anthony Provenzano and Harold Konigsberg were charged with his murder. They were tried jointly before a jury and were convicted of murder in the first degree (former Penal Law, § 1044) upon proof consisting of circumstantial evidence, admissions...

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