PEOPLE v. McCRAY


14 A.D.2d 899 (1961)

The People of the State of New York, Respondent, v. David McCray, Appellant

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

November 13, 1961


Order insofar as appealed from, reversed, and application remitted to the County Court, Kings County: (a) for the purpose of conducting a hearing and taking whatever proof the parties may submit upon the issue as to whether defendant was found guilty under the first or common-law robbery count of the South Carolina indictment and as to whether he was sentenced upon said robbery count; and (b) for the purpose of determining the application upon the basis of the proof adduced...

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