People v. McDuffy

Memorandum. Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 18, 1970, convicting him of murder (2 counts), upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Martuscello, J. (dissenting). I concur with the dissenting opinion of Mr. Justice Shapiro insofar as it indicates that the evidence was insufficient to support a conviction for felony murder based on robbery and that the judgment should be reversed. However, I further vote to dismiss the two counts in the indictment for felony murder upon which the defendant was convicted…