People v. Provenzano

OPINION OF THE COURT

Wachtler, J.

In June of 1961, Anthony Castellito, a New Jersey union official, disappeared. Fifteen years later, although Castellito’s body was never discovered, Anthony Provenzano and Harold Konigsberg were charged with his murder. They were tried jointly before a jury and were convicted of murder in the first degree (former Penal Law, § 1044) upon proof consisting of circumstantial evidence, admissions, and accomplice testimony.

On appeal the Appellate Division reversed the conviction, on the law, and ordered a new trial as to both defendants. While numerous grounds were…