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PEOPLE v. VENTIMIGLIA

52 N.Y.2d 350 (1981)

The People of the State of New York, Respondent, v. Sebastian Ventimiglia, Also Known as Benjamin Ventimiglia, Appellant. The People of the State of New York, Respondent, v. Mario Russo, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Irving Anolik for Sebastian Ventimiglia, appellant.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

Richard J. Oddo, Mario Melerba and Nicholas R. Canizio for Mario Russo, appellant.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

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

MEYER, J.

Where defendants charged with murder, kidnapping and conspiracy have stated as part of their planning that they have a place for disposing of the body "where we put people * * * and they haven't found them for weeks and months", the statement is admissible because its probative value as to premeditation of the murder and as to the plan of the conspiracy outweighs the prejudice resulting from

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