PEOPLE v. LEAHY


60 A.D.2d 558 (1977)

The People of the State of New York, Respondent, v. Patrick Leahy, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 27, 1977


Unanimously affirmed.

The underlying facts resulting in defendant's conviction involved the theft of money from fare boxes in a Manhattan and Bronx Surface Transit Operating Authority depot. The principal witness for the People, one Thomas Mitchell, had himself engaged in such crimes; he, however, co-operated with the police authorities and at trial testified regarding the defendant's larcenous activities. The court, in its instruction to the jury on the assessment...

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