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PEOPLE v. KELLY

8 A.D.2d 478 (1959)

The People of the State of New York, Respondent, v. James Kelly, Appellant

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

July 9, 1959.

Attorney(s) appearing for the Case

John J. Cooney for appellant.

Carman F. Ball (Leonard F. Walentynowicz of counsel), for respondent.

All concur. Present — KIMBALL, J. P., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

KIMBALL, J.

The defendant-appellant was convicted in the County Court of Erie County of the crime of robbery in the first degree. As a second offender, he was sentenced to a term of from 15 to 30 years. The indictment upon which he was tried accused appellant and one "John Doe" (a fictitious name) with the crime, alleging that each "being aided by the other actually present, feloniously robbed Francis Ledger...

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