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  5. 26 N.Y.2d 530 (1970)
 

PEOPLE v. ZABROCKY

26 N.Y.2d 530 (1970)

The People of the State of New York, Respondent, v. Thomas Zabrocky and William Harle, Appellants.

Court of Appeals of the State of New York.

Decided May 28, 1970.

Attorney(s) appearing for the Case

David N. Brainin and Alan B. Reis for Thomas Zabrocky, appellant.

Nathan Z. Dershowitz and Milton Adler for William Harle, appellant.

Frank S. Hogan, District Attorney (Burton N. Lipshie and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge SCILEPPI; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge BREITEL concurs.

SCILEPPI, J.

This is an appeal from a judgment convicting appellants of grand larceny in the third degree and imposing sentence after a jury trial.

On June 12, 1968 a New York County Grand Jury indicted appellants for the crimes of robbery in the second degree, robbery in the third degree and grand larceny in the third degree. Appellants were arrested, along with one Charles Booth,1...

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