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PEOPLE v. SANTORELLI

95 N.Y.2d 412 (2000)

741 N.E.2d 493

718 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SANTORELLI, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Diarmuid White, New York City, Brendan White and Gerald B. Lefcourt for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Valerie A. Livingston and Richard E. Weill of counsel), for respondent.

Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Chief Judge KAYE; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

In the early morning hours of February 4, 1994, Louis Balancio was murdered outside a bar where Anthony DiSimone and Darin Mazzarella had gathered with friends. At approximately 3:00 A.M. Darin Mazzarella called his brother, Nicholas, asking that he come to his apartment immediately. When Nicholas arrived at the apartment he found Darin, Anthony DiSimone and another...

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