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PEOPLE v. DI ALTO

24 A.D.2d 1023 (1965)

The People of the State of New York, Respondent, v. Richard Di Alto, Appellant

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

December 20, 1965

Judgment reversed and matter remitted to the Criminal Term for further proceedings.

Under the circumstances herein, the holding in People v. Serrano (15 N.Y.2d 304) is determinative of this appeal and requires that the conviction be vacated and the defendant permitted to plead anew to the indictment. The contention of the District Attorney that the attempted robbery was "from the possession of and in the presence of" Beckerman...

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