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PEOPLE v. FOLEY

307 N.Y. 490 (1954)

The People of the State of New York, Appellant, v. Patrick L. Foley and Charles M. Maino, Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Frank Del Vecchio, District Attorney (Arthur W. Wilson of counsel), for appellant.

Paul R. Shanahan for respondents.

Per Curiam.

In this case the convictions of the defendants of the crimes of burglary, third degree, and larceny, second degree, are predicated upon their alleged recent, conscious and exclusive possession of the fruits of those crimes. (Knickerbocker v. People, 43 N.Y. 177, 179-180.) The Appellate Division has unanimously reversed the convictions on the law and has ordered a new trial for the reason that such...

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