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PEOPLE v. BAUER

32 A.D.2d 463 (1969)

The People of the State of New York, Respondent, v. Stanley J. Bauer, Appellant The People of the State of New York, Respondent, v. Eugene J. Sroka, Appellant

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

September 11, 1969.

Attorney(s) appearing for the Case

Peter L. Parrino for Stanley J. Bauer, appellant.

Vincent E. Doyle for Eugene J. Sroka, appellant.

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for respondent.

WITMER, BASTOW and HENRY, JJ., concur with DEL VECCHIO, J. P.; GABRIELLI, J., concurs with the majority as to the reversal and dismissal of the first count, and votes to reverse the conviction of defendant Bauer on the second count (attempted grand larceny, first degree), and grant a new trial on that count of the indictment, in an opinion.

DEL VECCHIO, J. P.

These are joint appeals from judgments of the County Court of Erie County rendered June 19, 1968 upon verdicts (1) convicting both defendants of the crime of conspiracy, and (2) convicting defendant Bauer of the crime of attempted grand larceny first degree, allegedly committed in December, 1965.

The indictment charged both defendants in the first count with conspiracy to commit the...

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