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PEOPLE v. THOMAS

50 N.Y.2d 467 (1980)

The People of the State of New York, Appellant, v. Elery Thomas, Also Known as Thomas Elery, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Kenneth R. Larywon and Timothy J. McGinn of counsel), for appellant.

Erica Horwitz and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and MEYER concur with Judge WACHTLER; Judge FUCHSBERG concurs in result in a separate opinion.

WACHTLER, J.

The defendant was convicted of murder for stabbing and killing a woman and her two children in their Bronx apartment. The Appellate Division reversed and ordered a new trial on the ground that the court's charge on intent violated the Supreme Court's recent decision in Sandstrom v Montana (442 U.S. 510). The Appellate Division also held that the error was not...

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