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PEOPLE v. TROCHE

14 A.D.2d 361 (1961)

The People of the State of New York, Respondent, v. Nelson S. Troche, Appellant

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

November 16, 1961.

Attorney(s) appearing for the Case

M. Nelson Zapata (Joseph Harris on the brief), Ungerman, Greenberg & Harris for appellant.

John T. Garry, II, District Attorney (Condon A. Lyons on the brief), for respondent.

BERGAN, P. J., COON and GIBSON, JJ., concur, with HERLIHY, J.; REYNOLDS, J., votes to reverse and to direct a new trial.

HERLIHY, J.

The defendant, Nelson S. Troche, appeals from a judgment of conviction of robbery in the second degree. The defendant and two others charged with the crime of robbery first degree, were tried together in Albany County Court.

The indictment charged robbery in the first degree, alleging that on April 13, 1957, the defendant and two others, George W. Kahler, Jr., and James J. Long, Jr., went to the apartment of one Robert Kent in the...

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