PEOPLE v. KOBRYN


3 A.D.2d 132 (1957)

The People of the State of New York, Respondent, v. Charles Kobryn, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1957.


Attorney(s) appearing for the Case

Merwin Morehouse for appellant.

Harry L. Rosenthal, District Attorney (Nicholas P. Varlan of counsel), for respondent.

All concur, except BASTOW, J., who dissents and votes for affirmance. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.


KIMBALL, J.

The appellant and a codefendant were convicted of the crime of burglary in the third degree, a violation of section 404 of the Penal Law. The indictment charged that they feloniously broke and entered the building of Abraham Schackett with intent to commit larceny therein. There was direct evidence that some glass bricks in a basement window had been broken out, leaving an opening about 15 inches square...

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