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PEOPLE v. BURLEY

282 A.D. 408 (1953)

The People of the State of New York, Respondent, v. Donald Gerald Burley and James Joseph Clemens, Appellants

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

July 8, 1953.

Attorney(s) appearing for the Case

John Benjamin Carroll for Donald Gerald Burley, appellant.

Garrett T. Mahon for James Joseph Clemens, appellant.

Jesse E. Cantor, District Attorney (Charles A. McNutt of counsel), respondent.

All concur. Present — McCURN, J. P., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

Per Curiam.

The appellants, Burley and Clemens, were convicted of the crime of grand larceny in the first degree in the County Court of Onondaga County. They were jointly indicted with one Richway who was not tried but who was committed to the Matteawan State Hospital. The indictment charged grand larceny in the first degree in one count and alleged that the three men in the nighttime with intent to deprive the owner...

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