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PEOPLE v. COFFEY

13 A.D.2d 410 (1961)

The People of the State of New York, Respondent, v. Joseph Coffey, Appellant

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

July 6, 1961.

Attorney(s) appearing for the Case

Alfred I. Rosner for appellant.

H. Richard Uviller of counsel (Frank S. Hogan, District Attorney), for respondent.

BREITEL, J. P., VALENTE and BASTOW, JJ., concur with STEUER, J.; STEVENS, J., concurs in result in a memorandum.

STEUER, J.

Defendant has been convicted of the crime of burglary in the third degree after a complete and fair trial. We are all in accord that his guilt was clearly established. Although he has raised numerous questions on this appeal, there is only one that merits discussion; and while there is dissent from the opinion of the majority that no error was involved, the dissent concedes that the error, in the...

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