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PEOPLE v. ATKINS

7 A.D.2d 393 (1959)

The People of the State of New York, Respondent v. Charles T. Atkins and Lee M. Barlow, Appellants

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

March 17, 1959.

Attorney(s) appearing for the Case

Abraham J. Gellinoff of counsel (Frank Brenner with him on the brief; Gershman & Gellinoff, attorneys), for Charles T. Atkins, appellant.

Thomas Frawley of counsel (Jacob Rassner, attorney), for Lee M. Barlow, appellant.

Harold Roland Shapiro of counsel (Frank S. Hogan, District Attorney, attorney), for respondent.

M. M. FRANK, McNALLY and STEVENS, JJ., concur with BOTEIN, P. J.; BREITEL, J., concurs in opinion.

BOTEIN, P. J.

The only question presented on this appeal is whether testimony, otherwise inadmissible, was properly received in evidence when offered by the People solely for the purpose of furnishing allegedly necessary background material to make the proof of the crimes with which defendants were charged intelligible to the jury. Without the challenged testimony, there...

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