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PEOPLE v. GIOIA

286 A.D. 528 (1955)

The People of the State of New York, Respondent, v. Joseph Gioia et al., Defendants, and Eugene Garner, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1955.

Attorney(s) appearing for the Case

Nancy Carley for appellant.

Stephen A. Wise of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney, attorney), for respondent.

PECK, P. J., BREITEL, BASTOW, COX and BERGAN, JJ., concur.

Per Curiam.

Defendant has been convicted of robbery in the first degree for participation in the holdup of Mr. and Mrs. Arthur Murray at their apartment at 820 Park Avenue on December 8, 1953, in which jewels, cash and other personalty were seized by four armed and masked men. Except for the testimony of accomplices in the commission of the crime, no direct proof was offered of defendant's participation in it. The...

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