People v. Kelly

Appeal from a judgment of the County Court, Broome County, rendered upon a verdict convicting appellant of the crimes of robbery in the second degree and grand larceny in the third degree (Penal Law, § 160.10, subd. 1; § 155.30, subd. 4). The crimes for which appellant stands convicted stem from the assault and robbery of a cab driver on the night of November 24, 1969. Appellant first asserts as ground for reversal of his conviction that *1005it was prejudicial error when Harry Swan, appellant’s alleged accomplice and a prosecution witness, testified on cross-examination when asked how long he had…