PEOPLE v. MANDRACHIO


79 A.D.2d 278 (1981)

The People of the State of New York, Respondent, v. Mario Mandrachio, Appellant

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

March 3, 1981


Attorney(s) appearing for the Case

Steven M. Jaeger of counsel (William E. Hellerstein, attorney), for appellant.

Allen H. Saperstein of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

SILVERMAN and BLOOM, JJ., concur with LUPIANO, J.; FEIN, J. P. and CARRO, J., dissent in an opinion by CARRO, J.


LUPIANO, J.

Defendant appeals from a judgment convicting him, after a jury trial, of murder in the second degree and assault in the first degree. He was sentenced to concurrent indeterminate terms of 25 years to life on the murder count and 5 to 15 years on the assault count. The proof of defendant's guilt was overwhelmingly established on the record herein. Defendant's girlfriend testified that on December 31...

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