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PEOPLE v. DiNICOLANTONIO

74 N.Y.2d 856 (1989)

The People of the State of New York, Appellant, v. Vincent DiNicolantonio, Respondent.

Court of Appeals of the State of New York.

Decided October 12, 1989.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Ivan Vogel and Beverly Kalman of counsel), for appellant.

John A. Cirando for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order modified by reinstating the convictions and sentences for murder in the second degree and attempted robbery in the first degree and, as so modified, affirmed, for the reasons stated in the concurring in part and dissenting in part opinion by Justice Arthur D. Spatt at the Appellate Division (140 A.D.2d 44

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