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PEOPLE v. CLEAGUE

22 N.Y.2d 363 (1968)

The People of the State of New York, Respondent, v. Allen Cleague, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

Bruce K. Carpenter for appellant.

Michael F. Dillon, District Attorney (Judith Blake Manzella of counsel), for respondent.

Chief Judge FULD and Judges BURKE and KEATING concur with Judge BREITEL; Judge JASEN dissents and votes to affirm in an opinion in which Judges SCILEPPI and BERGAN concur.

BREITEL, J.

Defendant appeals from a judgment of the Appellate Division unanimously affirming, without opinion, a judgment of the Erie County Court. Defendant stands convicted of burglary in the third degree and petit larceny, following a nonjury trial in the County Court, with a sentence to Elmira Reformatory.

The sole question is whether the circumstantial case against defendant was sufficient, as a...

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