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PEOPLE v. MILLER

38 A.D.2d 677 (1971)

The People of the State of New York, Appellant, v. Leonard Miller, Also Known as Leonard Beason, Respondent

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

December 9, 1971

Order affirmed.

All concur, except Witmer and Henry, JJ., who dissent and vote to reverse and reinstate the indictment, in the following memorandum:

Defendant was indicted in Erie County on January 29, 1969 for robbery in the first degree and grand larceny in the third degree. At that time he was incarcerated in Federal reformatory prison in Petersburg, Virginia because of his prior conviction for bank robbery. On April 24, 1969 he wrote a letter to the Erie...

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