PEOPLE v. KENNEDY


56 A.D.2d 935 (1977)

The People of the State of New York, Appellant, v. James Kennedy, Respondent

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

March 28, 1977


Order modified, on the law, by (1) deleting therefrom the provision dismissing the indictment and substituting therefor a provision dismissing the second count (criminal possession of stolen property) of the indictment and (2) deleting from the final paragraph thereof the words "this matter" and substituting therefor the words "the count of criminal possession of stolen property". As so modified, order affirmed.

The burglary charge of the indictment rested on legally...

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