Judgment of conviction unanimously reversed, on the law and on the facts, the information dismissed and the defendant discharged from custody.
The conviction, following a trial, was for unlawful possession of burglar's instruments and for malicious injury to property (Penal Law, §§ 408, 1425). The conviction rests upon testimony of an officer that the defendant was observed standing alongside the smashed window of a parked automobile, that his hands were...
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