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PEOPLE v. TOCCO

Docket No. 18543.

60 Mich. App. 130 (1975)

230 N.W.2d 341

PEOPLE v. TOCCO

Michigan Court of Appeals.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and Richard G. Bensinger, Assistant Appellate Counsel, for the people.

Skillman & Rundell, for defendant.

Before: T.M. BURNS, P.J., and D.E. HOLBROOK and M.J. KELLY, JJ.

M.J. KELLY, J.

Defendant was charged with armed robbery, MCLA 750.529; MSA 28.797, and kidnapping, MCLA 750.349; MSA 28.581. He was convicted by a jury of armed robbery and acquitted of kidnapping. He was sentenced to a prison term of 25 to 40 years and appeals his conviction to this Court as of right.

Testimony showed that at approximately 10:30 a.m. on March 22, 1973, defendant and an accomplice confronted Kenneth Curto at the rear of the Balloon Bar in...

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