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PEOPLE v. GRAHAM

69 Misc.2d 567 (1972)

The People of the State of New York, Plaintiff, v. Burton C. Graham, Defendant.

Supreme Court, Chemung County.

April 11, 1972

Attorney(s) appearing for the Case

John F. O'Mara, District Attorney, for plaintiff. Charles A. Bradley, III, and James F. Young for defendant.

LISTON F. COON, J.

This is a motion pursuant to CPL article 670 to use on retrial of the defendant testimony given by a witness at the prior trial.

Defendant was first tried in 1962 and convicted of murder in the second degree. He is now before the court for retrial as a result of having had that conviction overturned in Federal habeas corpus proceedings (United States ex rel. Graham v. Mancusi, 457 F.2d 463

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