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  5. 37 N.Y.2d 811 (1975)
 

PEOPLE v. WELCOME

37 N.Y.2d 811 (1975)

The People of the State of New York, Respondent, v. Ernest Welcome and Winston Holmes, Appellants.

Court of Appeals of the State of New York.

Decided September 24, 1975.

Attorney(s) appearing for the Case

Julia P. Heit for Ernest Welcome, appellant.

Michael Washor and Arnold E. Wallach for Winston Holmes, appellant.

Mario Merola, District Attorney (Jane Bilus Gould and Stephen R. Bookin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.

MEMORANDUM.

Both defendants appeal from orders affirming their convictions. In addition, the defendant Welcome appeals from an Appellate Division order affirming an order of the trial court denying a motion for a new trial.

As regards the latter appeal in the case of People v Welcome, the order denying the motion for a new trial was properly affirmed by the Appellate Division. By statute (CPL 440.10, subd 1...

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