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PEOPLE v. ODDY

16 A.D.2d 585 (1962)

The People of the State of New York, Respondent, v. Gary W. Oddy, Appellant, et al., Defendant The People of the State of New York, Respondent, v. Gary W. Oddy, Defendant, and Harry L. Barr, Appellant

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

July 2, 1962.

Attorney(s) appearing for the Case

Louis R. James and Philip A. McBride for Gary W. Oddy, appellant.

Norman J. Scott and Charles R. Newman for Harry L. Barr, appellant.

Julian R. Hanley, District Attorney, for respondent.

WILLIAMS, P. J., BASTOW and HENRY, JJ., concur with GOLDMAN, J.; HALPERN, J., dissents and votes to affirm in opinion.

GOLDMAN, J.

Appellants, 16 years of age, were committed to the Wyoming County Jail upon the charge of grand larceny first degree for the alleged theft of an automobile. While there detained they were the only prisoners lodged on the second floor of the jail. During the month they were there they had sprung the lock on their cell and roamed about on the second floor almost at will when no guards were present. According to their statements, they conceived...

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