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PEOPLE v. BARBANO

10 Misc.2d 847 (1958)

The People of the State of New York, Respondent, v. Thomas Barbano and Kenneth Barbano, Appellants.

County Court, Madison County.

March 18, 1958.

Attorney(s) appearing for the Case

Joseph F. Barbano and Martin E. Angelino for appellants.

Harold F. Simons, District Attorney, for respondent.

Robert F. McDermott, Jr., Corporation Counsel, for respondent.

CLARENCE E. CONLEY, J.

The appellate court is bound by the return of the Magistrate (Code Crim. Pro., § 763). The return of the Magistrate setting forth what took place in his court, including a transcript of the testimony and an affidavit made by Joseph F. Barbano, attorney for the appellants, alleging that errors were committed in the City Court trial, were filed in the office of the Clerk of the County...

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