The defendant was convicted in the Court of Special Sessions of unlawfully possessing a burglar's tool (Penal Law, § 408). The record in this case discloses that he was apprehended six feet away from an automobile whose right front window vent was broken. At the time of this arrest, the defendant had a 12-inch screw driver in his possession, although it does not appear where on his person it was found. The defendant stated it had been given to him by a friend. No proof...
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