PEOPLE v. GIULIANO


65 N.Y.2d 766 (1985)

The People of the State of New York, Respondent, v. Joseph Giuliano, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1985.


Attorney(s) appearing for the Case

Mark M. Baker and Barry Ivan Slotnick for appellant.

Mario Merola, District Attorney (Peter S. Baranowicz and Jeremy Gutman of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, the conviction vacated and the indictment dismissed.

Defendant was accused of killing Frank Cirillo during the early morning of Sunday, March 7, 1982. He was convicted, after a jury trial, of manslaughter in the first degree, and a divided Appellate Division affirmed. On appeal, defendant contends that the evidence adduced at trial, which was entirely...

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