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PEOPLE v. DRISCOLL

20 A.D.2d 880 (1964)

The People of the State of New York, Respondent, v. John Driscoll, Appellant

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

April 23, 1964

Judgment convicting defendant of the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and of violations of section 1897 of the Penal Law unanimously reversed, on the law and the facts, and in the exercise of discretion, and a new trial ordered.

The defendant Driscoll's plea of former jeopardy is not sustained but a new trial is required because of the improper and prejudicial references to and

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