Judgment affirmed.
Section 408 of the Penal Law makes it a crime to have in one's possession any implement commonly used for the commission of a larceny under circumstances evincing an intent to use the implement in the commission of a crime. In this case the implements are toothpicks. Defendant's statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed. Furthermore...
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