PEOPLE v. LEGACY


4 A.D.2d 453 (1957)

The People of the State of New York, Respondent, v. William C. Legacy, Appellant

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

October 19, 1957.


Attorney(s) appearing for the Case

John T. De Graff, Jr., for appellant.

George N. Meyl, District Attorney (Condon A. Lyons of counsel), for respondent.

FOSTER, P. J., COON, HALPERN and GIBSON, JJ., concur.


BERGAN, J.

Appellant has been convicted of robbery third degree after a trial of an indictment charging him with robbery first degree. He argues that the facts established in the record do not constitute robbery third degree; hence, that a conviction for that crime is not justified, and that the judgment should be reversed.

The facts as appearing in the record would tend to suggest that if the defendant...

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