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PEOPLE v. KELLY

276 A.D. 1105 (1950)

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

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

April 24, 1950.

Order affirmed.

Defendant, in the County Court of Queens County in 1941, pleaded guilty to attempted burglary, third degree. He was then charged by an information as a second felony offender and pleaded guilty thereto. In 1937 he had pleaded guilty to burglary in the District Court of Colorado, Mesa County, and was sentenced to an indefinite term. Appellant in 1949 made the motion in the County Court of Queens County resulting in the order appealed from. Prior to...

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