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PEOPLE v. OSORIO

86 A.D.2d 233 (1982)

The People of the State of New York, Appellant, v. Domingo Osorio, William Figueroa and Kenneth Villar, Respondents

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

April 29, 1982

Attorney(s) appearing for the Case

William J. Comiskey of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Richard Cushing, Michael Stalonas and Franklin Gould of counsel (Julia Pamela Heit, P. C., attorney), for respondents.

MARKEWICH and LYNCH, JJ., concur with MILONAS, J.; KUPFERMAN, J. P., and CARRO, J., dissent and would affirm on the opinion of B. ROBERTS, J.

MILONAS, J.

This case involves an appeal by the People from an order granting defendants' joint motion to vacate the jury verdict convicting them of murder in the second degree.

On July 28, 1976 at approximately 5:30 A.M., Alonzo "Big Al" Johnson was shot to death on Lenox Avenue between 114th and 115th Streets. The investigation of the homicide proved unproductive until November of 1977, when Eugene...

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