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PEOPLE EX REL. LONG v. DIR. OF THE ELMIRA RECEPTION CTR.

6 A.D.2d 946 (1958)

The People of the State of New York ex rel. James J. Long, Jr., Appellant, v. Director of the Elmira Reception Center, Respondent

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

July 3, 1958

Relator-appellant was indicted by a Grand Jury in Albany County for the crime of robbery in the first degree in violation of subdivisions 2 and 4 of section 2124 of the Penal Law. Upon trial he was found guilty by the jury of the crime of robbery in the third degree. It is contended that relator could not be found guilty and convicted of the crime of robbery in the third degree because the statutory definition of that crime excludes robbery in the first or second degree....

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