People v. Butler

New York Court of Appeals November 14, 1974

People v. Butler, 35 N.Y.2d 787 (N.Y. 1974)

320 N.E.2d 870; 362 N.Y.S.2d 155; 1974 N.Y. LEXIS 1240

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.

Reference

Full Case Name: The People of the State of New York v. Cornelius Butler and Lawrence Hayes
Status: Published