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PEOPLE v. SPRAGUE

11 N.Y.2d 951 (1962)

The People of the State of New York, Respondent v. William Sprague, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Samuel Frankenheim for appellant.

Abraham Isseks, District Attorney (Angelo J. Ingrassia of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER; Judge FROESSEL dissents in the following opinion.

Order reversed and matter remitted to the Orange County Court for a hearing (People v. Boundy, 10 N.Y.2d 518).

FROESSEL, J. (dissenting).

I dissent and vote to affirm. Defendant was indicted for kidnapping, robbery first degree, grand larceny first degree, assault second degree (two counts), sodomy first degree, criminally possessing a pistol, burglary third degree, and petit larceny. Prior to his arraignment...

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