PEOPLE v. TAYLOR


15 A.D.2d 962 (1962)

The People of the State of New York, Respondent, v. David Taylor, Appellant

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

March 26, 1962


Judgment modified on the law and the facts: (1) by striking out so much thereof as convicts defendant on the second count of the indictment; and (2) by dismissing said second count. As so modified, the judgment is affirmed.

In our opinion, defendant's guilt under the first count was established beyond a reasonable doubt. There was ample proof to sustain the finding, implicit in the jury's verdict, that he broke into the premises and that he did so with intent to commit...

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