New York Court of Appeals, 1974

People v. Butler

People v. Butler
New York Court of Appeals · Decided November 14, 1974
35 N.Y.2d 787; 320 N.E.2d 870; 362 N.Y.S.2d 155; 1974 N.Y. LEXIS 1240

People v. Butler

Opinion of the Court

Memorandum. We have examined defendants’ several contentions and find them to be without merit. The convictions should, therefore, be sustained.

The judgments appealed from should be modified by vacating the sentence of death, however (People v. Fitzpatrick, 32 N Y 2d 499), and the case remitted to Supreme Court, Queens County, for resentencing. As so modified, the judgments should be affirmed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtlbr, Rabin and Stevens concur.

Judgments modified in accordance with the memorandum herein and, as so modified, affirmed.

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