Appeal from a judgment of the County Court of Ulster County (Fromer, J.), rendered May 3,1982, upon a verdict convicting defendant of the crimes of murder in the second degree and grand larceny in the third degree. 11 Defendant and Wendell Downs were previously tried jointly and convicted of murdering one Edward Cuzzi. Cuzzi was shot in the back of the head while in the company of Downs and defendant. The details of the homicide are related in People v Downs (77 AD2d 740) and People v Muccia (83 AD2d 687). At the joint trial, Downs claimed that he was driving the car and that defendant was in the back seat and shot Cuzzi. Defendant, on the other hand, claimed that he was driving and that Downs was the one who murdered Cuzzi. Downs’ conviction was affirmed on appeal, but defendant’s was reversed because his right to counsel had been violated. Reindicted for murder in the second degree
