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PEOPLE v. LIVINGSTON

24 Misc.2d 987 (1960)

The People of the State of New York, Respondent, v. John Livingston, Appellant.

Supreme Court, Erie County.

October 3, 1960.

Attorney(s) appearing for the Case

Abraham Roth for appellant. Carman F. Ball, District Attorney (Thomas F. McGowan of counsel), for respondent.

MICHAEL CATALANO, J.

This is an appeal from the City Court of Buffalo, New York, from a judgment of conviction entered June 8, 1960, granted by Hon. ANN MIKOLL, Associate Judge of said court, convicting the defendant of violating section 974 of the Penal Law.

The information charges: "That at the City of Buffalo and County of Erie on or about the 3rd day of February, 1960, one John Livingston of 48 Howard Street did unlawfully have in

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