PEOPLE v. CRUZ


66 N.Y.2d 61 (1985)

The People of the State of New York, Respondent, v. Eulogio Cruz, Appellant. The People of the State of New York, Respondent, v. Belton Brims, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1985.


Attorney(s) appearing for the Case

Robert S. Dean and William E. Hellerstein for appellant in the first above-entitled action.

Mario Merola, District Attorney (Mark L. Freyberg and Peter D. Coddington of counsel), for respondent in the first above-entitled action.

Bennett L. Gershman for appellant in the second above-entitled action.

Kenneth Gribetz, District Attorney (John S. Edwards of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE and TITONE concur; Judge ALEXANDER taking no part.


SIMONS, J.

Defendant Eulogio Cruz has been convicted of murder, second degree, committed during the course of a gas station robbery in The Bronx. Defendant Belton Brims has been convicted of two counts of murder, second degree, and other crimes committed during the burglary of a private home in Spring Valley, New York. Both defendants were tried jointly with codefendants and the principal issues submitted in these...

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