Majority
p. 787The People of the State of New York, Respondent, v. Cornelius Butler and Lawrence Hayes, Appellants. Argued October 8, 1974; decided November 14, 1974.
p. 788
Leon A. Milman and James M. Abramson for Cornelius Butler, appellant.
Sidney G. Sparrow and Spiros A. Tsimbinos for Lawrence Hayes, appellant.
Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr. and Joseph B. Onorato of counsel), for respondent.
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.
Cases cited
- People v. Fitzpatrick 32 N Y 2d 499 p. 788