PEOPLE v. KELLY


38 A.D.2d 1006 (1972)

The People of the State of New York, Respondent, v. Carlton Kelly, Appellant

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

March 20, 1972


Appellant, convicted of robbery in the second degree and grand larceny in the third degree, seeks a new trial on the ground that an alleged accomplice, Harry Swan, recanted his testimony incriminating appellant claiming that he had perjured himself at the trial due to pressure from the District Attorney's office. After a hearing pursuant to subdivision 7 of section 465 of the Code of Criminal Procedure, the County Court found that Swan's recantation was less than credible...

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