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PEOPLE v. KOENIG

34 Misc.2d 711 (1962)

The People of the State of New York, Respondent, v. Howard Koenig and Martin Kelly, Appellants.

Court of Special Sessions of the City of New York [Appellate Part], Second Department.

June 12, 1962

Attorney(s) appearing for the Case

Sidney G. Sparrow for appellants. Frank D. O'Connor, District Attorney (Morton Greenspan of counsel), for respondent.

CREEL, J. concurs; MURTAUGH, Ch. J., concurs in result.

ARTHUR DUNAIF, J.

Each of the appellants was convicted of a violation of section 986-b of the Penal Law (possession of book-making or pool-selling records). The appellant Kelly was in addition convicted of a violation of section 986 of the Penal Law (book-making).

A police officer testified that while he, two brother officers, and appellant Kelly were in a shack on the platform of the Railway Express...

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