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PEOPLE v. CRAIG

81 A.D.2d 413 (1981)

The People of the State of New York, Appellant, v. Mottis Craig, Respondent The People of the State of New York, Appellant, v. Henry Robinson, Respondent

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

July 6, 1981

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barry A. Schwartz of counsel), for appellant.

Abraham Werfel for Mottis Craig, respondent.

Sidney Liss for Henry Robinson, respondent.

DAMIANI, J. P., LAZER and MANGANO, JJ., concur.

GIBBONS, J.

The question presented for resolution on these appeals is whether the Court of Appeals in People v Davis and People v James (43 N.Y.2d 17, cert den 435 U.S. 998, 438 U.S. 914), in holding section 60.06 of the Penal Law, which provided for the death penalty for conviction of the crime of murder in the first degree under section 125.27 of the Penal...

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