People v. Moseley

Defendant has been found guilty of murder in the first degree after a jury trial in Supreme Court, Queens County. Pursuant to section 1045-a of the Penal Law, a separate proceeding was thereafter held before the same jury to determine whether defendant should be sentenced to life imprisonment or death. The jury recommended the death penalty and this sentence was imposed by the trial court on July 6, 1964. A direct appeal to this court was taken under section 517 (subd. 1) of the Code of Criminal Procedure.

Defendant is accused of killing, robbing, and attempting to rape Katherine Genovese in…