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PEOPLE v. DAUGHTRY

86 Misc.2d 397 (1974)

The People of the State of New York, Respondent, v. Donald Daughtry and Vernon Roby, Appellants.

Supreme Court, Appellate Term, Second Department.

November 22, 1974

Attorney(s) appearing for the Case

Herbert Kramer for Donald Daughtry, appellant. William E. Hellerstein, William J. Gallagher and Richard A. Greenberg for Vernon Roby, appellant. Eugene Gold, District Attorney (Raymond J. Scanlan of counsel), for respondent.

Concur: MARGETT P.J., CONE and PINO, JJ.

MEMORANDUM.

Judgment of conviction against defendant Roby is affirmed. No opinion. All concur.

Judgment of conviction against defendant Daughtry is unanimously reversed on the law and a new trial ordered.

Defendant Donald Daughtry appeals from judgment convicting him of criminal possession of stolen property in violation of section 165.40 of the Penal Law and unauthorized use of a vehicle in violation of...

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