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PEOPLE v. RUDELT

6 A.D.2d 640 (1958)

The People of the State of New York, Respondent, v. Harry A. Rudelt, Appellant

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

December 2, 1958.

Attorney(s) appearing for the Case

Hyman C. Levine for appellant.

Benjamin Newberg, District Attorney, for respondent.

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

BERGAN, J.

Appellant has been convicted of robbery in the first degree within the definition of subdivision 3 of section 2124 of the Penal Law, "Being aided by the use of an automobile". Two questions become important on appeal: whether the record would sustain a finding of the creation of fear as a means by which appellant was able to take and retain the property in question; and whether it would sustain a finding...

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