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  5. 66 N.Y.2d 887 (1985)
 

PEOPLE v. MOYE

66 N.Y.2d 887 (1985)

The People of the State of New York, Respondent, v. Willis Moye, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1985.

Attorney(s) appearing for the Case

Philip L. Weinstein and William E. Hellerstein for appellant.

Elizabeth Holtzman, District Attorney (Brian D. Foley and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum; Judge JASEN dissents and votes to affirm in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

At defendant's murder trial, the People introduced evidence that the victim, Gloria Blocken, had died in the early morning of November 21, 1979 as a result of decapitation and evisceration. Her headless torso was found wrapped in rags in the bathtub of her apartment, and a fire had been set in a nearby closet. Her head was...

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