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PEOPLE v. COSTELLO

101 A.D.2d 244 (1984)

The People of the State of New York, Respondent, v. John A. Costello, Appellant

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

May 10, 1984

Attorney(s) appearing for the Case

Harry T. Shamlian (Eugene P. Grimmick of counsel), for appellant.

Charles J. Wilcox, District Attorney (Richard L. Nabozny of counsel), for respondent.

MAIN, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAHONEY, P. J.

On April 9, 1981, defendant shot Ralph Passonno, his second wife's former husband, and Maurice Kelly. Although Kelly died, Passonno survived and testified against defendant. A judgment of the Rensselaer County Court, rendered January 21, 1982, upon a verdict convicting defendant of the crimes of murder in the second degree and attempted murder in the second degree, was affirmed by this court ...

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