Appellant's contention is that he was placed in double jeopardy by reason of the following facts. He was tried in the Court of General Sessions of New York on an indictment containing four counts. 1. burglary third degree; 2. attempted grand larceny first degree; 3. possession of burglar's instruments after a prior conviction; 4. burglary third degree. Appellant was convicted on counts 1 and 4, but was acquitted on counts 2 and 3. When he was about to be sentenced an information...
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