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PEOPLE v. KIRBY

92 A.D.2d 848 (1983)

The People of the State of New York, Appellant, v. Timothy Kirby and Freddie Franklin, Respondents

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

March 31, 1983

On January 12, 1979 a gypsy cab driver was murdered. Timothy Kirby was arrested and tried in March of 1980 on a January, 1979 indictment charging the above crimes. That trial resulted in a mistrial because the jurors could not agree upon a verdict. In July of 1980 Freddie Franklin was arrested on an unrelated charge and on October 31, 1980 a New York County Grand Jury returned a superseding indictment accusing both men of these crimes...

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