PEOPLE v. DONAHUE


309 N.Y. 6 (1955)

The People of the State of New York, Appellant, v. John Donahue, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1955


Attorney(s) appearing for the Case

Edward S. Silver, District Attorney (Frank Di Lalla of counsel), for appellant.

No appearance for respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


FULD, J.

The evidence contained in the grand jury minutes would justify a finding by a trial jury that defendant knowingly aided and abetted an accomplice in committing the burglary and the stealing of certain merchandise from a factory, as charged in the indictment. That defendant's accomplice actually effected an entry into the burglarized premises after all of its doors and windows had been closed and locked...

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