Police believe Comunale, a 2008 Westhill High School graduate, was killed Nov. 14 after a night of drinking in Rackover’s luxury apartment on the upper east side of Manhattan. According to the motion, Dilione punched Comunale, who was then kicked unconscious and stabbed by Rackover. Authorities had originally charged Dilione and Rackover with second-degree murder, but the Manhattan District Attorney’s Office dropped the murder charges as detectives continue to investigate.