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PEOPLE v. VOLPE

46 Misc.2d 958 (1965)

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

Supreme Court, Appellate Term, First Department.

May 6, 1965

Attorney(s) appearing for the Case

Max Fruchtman and Arnold E. Wallach for appellant. Isidore Dollinger, District Attorney (Irving Anolik of counsel), for respondent.

Concur — GOLD, J. P., TILZER and HOFSTADTER, JJ.

Per Curiam.

Since the judgment found the defendant guilty of petit larceny (1st count) and of criminally concealing and withholding stolen and wrongfully acquired property, as a misdemeanor, (3d count), the same property set forth in the first count, it is contrary to law. The defendant was sentenced to six months on both counts, execution of the sentence being suspended. Where the property withheld is the same property...

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