OPINION PER CURIAM, September 26, 1972:
Order affirmed.
DISSENTING OPINION BY SPAULDING, J.:
Appellant James O'Malley was found guilty of robbery and assault and battery, together with an accomplice, following a jury trial in the Criminal Division of the Wyoming County Court which commenced on June 24, 1970. He was sentenced to serve a term of imprisonment of 2½ to 5 years. No direct appeal was taken, but subsequently, appellant filed a petition...
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