Defendant and co-defendant Timothy Rutter were tried together and both convicted of murder in the second degree. Defendant's conviction was affirmed by this Court without opinion on February 28, 1985 (108 A.D.2d 1104) and leave to appeal to the Court of Appeals was denied on May 29, 1985 (65 N.Y.2d 692). The appellate brief filed on behalf of the defendant failed to raise appellate issues identified by this Court as warranting reversal and remand for a new trial in its determination...
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