PEOPLE v. COSENTINO


198 A.D.2d 294 (1993)

603 N.Y.S.2d 560

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

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

November 8, 1993


Ordered that the judgment is affirmed.

The defendant and his codefendant Anthony Magana shot and killed John Petrocelli. Although no one actually saw the shooting, several witnesses saw them enter the apartment building where Petrocelli's girlfriend lived and heard the shots. Afterwards, they saw Petrocelli, who was bleeding, run out of the building followed by the gun-wielding defendant and his codefendant.

The defendant's first trial ended in a mistrial...

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