People v. Rosario

The appellant Luis Rosario stands convicted of murder in the first degree stemming from the death of a *288restaurant proprietor shot during the course of a robbery which the appellant and two accomplices committed and, on the record before us, there can be no possible doubt of his guilt.1 Indeed, he does not contest the sufficiency of the evidence, but he does raise a question which involves an important problem in the administration of the criminal law and merits our attention and consideration. It is the appellant’s contention that the trial judge committed reversible error in refusing to turn…