PEOPLE v. MENDEZ


75 A.D.2d 400 (1980)

The People of the State of New York, Respondent, v. Francisco Mendez, Appellant

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

July 3, 1980


Attorney(s) appearing for the Case

John D. B. Lewis of counsel (William E. Hellerstein, attorney), for appellant.

Charles L. Bach, Jr., of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

SULLIVAN and MARKEWICH, JJ., concur with ROSS, J.; SANDLER, J. P., and CARRO, J., dissent in part in an opinion by CARRO, J.


ROSS, J.

This appeal presents for our review the facts and circumstances surrounding "what has been described as the largest mass murder * * * in the history of New York State" as far as defendant's motive is concerned. These deaths resulted from an arson for profit.

In the early morning hours of October 24, 1976, the callous acts of defendant and others resulted in the fiery death of 25 patrons of a...

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