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PEOPLE v. WALLACE

26 N.Y.2d 371 (1970)

The People of the State of New York, Respondent, v. Charles Thomas Wallace, Appellant.

Court of Appeals of the State of New York.

Decided April 22, 1970.

Attorney(s) appearing for the Case

Matthew H. Feinberg and Milton Adler for appellant.

John M. Braisted, Jr., District Attorney (Norman C. Morse of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON concur with Judge SCILEPPI; Judge JASEN concurs in result.

SCILEPPI, J.

The facts herein are not in dispute. On February 2, 1966, while appellant was incarcerated at the Federal Penitentiary in Atlanta, Georgia, a Richmond County Grand Jury returned an indictment charging that on July 22, 1963 appellant committed robbery in the first degree, grand larceny in the second degree and assault in the second degree. This indictment...

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