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PEOPLE v. MUSSENDEN

308 N.Y. 558 (1955)

The People of the State of New York, Respondent, v. Gerard Mussenden, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1955

Attorney(s) appearing for the Case

Jack B. Weinstein for appellant.

Daniel V. Sullivan, District Attorney (John B. Lee, Walter E. Dillon and Louis Feldman of counsel), for respondent.

DESMOND, DYE and VAN VOORHIS, JJ., concur with FULD, J.; FROESSEL, J., dissents in an opinion in which CONWAY, Ch. J., and BURKE, J., concur.

FULD, J.

Four defendants, including appellant Mussenden, were charged, in three separate counts of an indictment, with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree and assault in the second degree with intent to commit robbery and grand larceny. In brief, the first count, of attempted robbery, alleged that the defendants...

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