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PEOPLE v. CHENNAULT

20 N.Y.2d 518 (1967)

The People of the State of New York, Respondent, v. Oscar Lee Chennault, Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1967.

Attorney(s) appearing for the Case

Paul J. Luckern and Anthony F. Marra for appellant.

Thomas J. Mackell, District Attorney (Sidney Baumgarten of counsel), for respondent.

Judges BURKE, SCILEPPI, BERGAN and KEATING concur with Judge VAN VOORHIS; Chief Judge FULD dissents and votes to reverse and order a new trial in an opinion in which Judge BREITEL concurs.

VAN VOORHIS, J.

The defendant was charged with stealing cash and checks of the value of $555.77 from the office of Montauk Freightways on September 20, 1963. Police officers went to a hotel in response to a call from the clerk who reported an unrelated attempted robbery. One of the officers found a check on the window sill of a washroom. The check was identified as...

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