PEOPLE v. OLIVER


4 A.D.2d 28 (1957)

The People of the State of New York, Respondent, v. Lester Oliver, Appellant

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

May 15, 1957.


Attorney(s) appearing for the Case

John T. Delaney and Franklin P. Gavin for appellant.

George N. Meyl, District Attorney (Condon A. Lyons of counsel), for respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.


GIBSON, J.

Defendant appeals from a judgment convicting him of the crimes of burglary in the first degree and assault in the third degree. The complaining witness, Mrs. Jane Sickinger, while living alone in an apartment, was awakened at about 2:30 A.M. and heard knocking on her door. She went to the door, opened it about an inch and saw standing there a man who said, "I am going to talk to John", and thereupon...

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