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MTR. OF MACK v. COURT OF GEN. SESSIONS

14 A.D.2d 98 (1961)

In the Matter of Nathaniel Mack, Petitioner, v. Court of General Sessions of the County of New York et al., Respondents

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

July 6, 1961.

Attorney(s) appearing for the Case

Arthur Addess of counsel (Bobick & Deutsch, attorneys), for petitioner.

Melvin Stein of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondents.

BREITEL and McNALLY, JJ., concur with STEVENS, J.; BOTEIN, P. J., dissents and votes to deny the application, in opinion in which STEUER, J., concurs.

STEVENS, J.

Petitioner was indicted by the Grand Jury of Queens County in May, 1960, on two counts. The first count charged the petitioner as defendant with criminally concealing and withholding stolen and wrongfully acquired property as a felony, and the second count charged the petitioner as defendant with the crime of criminally buying and receiving stolen and wrongfully...

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