¶1Judgment of the County Court of Suffolk county, convicting the defendants of the crime of attempted robbery in the first degree, unanimously affirmed. The plea of former jeopardy is without merit. (People v. Nichols, 230 N. Y. 221, 225; People v. Lytton, 257 id. 310, 314.) The error in the order of proof in respect of the confession *552of De Lucia was not prejudicial. (People v. Nunziato, 233 N. Y. 394; People v. Kollhopp, 241 App. Div. 701.) Present — Young, Hagarty, Carswell, Scudder and Davis, JJ.
243 A.D. 551
People v. Davern
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-12-15
Relies on People v. . Nichols · People v. . Nunziato
Decided 1934-12-15