People v. Richard MM.

Herlihy, J. (dissenting).

As in the case of People v Mendoza *393(72 AD2d 608, 609), there has been no showing of prejudice to the defendants. There is no dispute between them as to the fact of their participation in the events leading to the death of John Marmo. Indeed, they both testified before the Grand Jury, and their view of events was that Albert had provided Richard with guns solely out of paternalism and that Richard fired solely because of fear and because Albert had said not to let anyone enter.

These defendants, father and son, had but one defense— justiñcation. If Richard had pulled…