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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KELLY, Also Known as JOHN PAUL KELLY, Appellant.

Judgment unanimously reversed, the indictment dismissed, and defendant released from custody. On the entire record there was insufficient proof to establish, beyond a reasonable doubt, the unlawful intent. (See People v. Adamkiewicz, 298 N.Y. 176.)

Concur — Breitel, J.P., Botein, Rabin, Valente and McNally, JJ.

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PEOPLE v. KELLY
(Apr 2, 1957)