PEOPLE v. JOHNSON


27 N.Y.2d 119 (1970)

The People of the State of New York, Appellant, v. Lee I. Johnson, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1970.


Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. DeVine of counsel), for appellant.

Matthew Muraskin and James J. McDonough for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.


BERGAN, J.

Proof in support of defendant's conviction for burglary, second degree, is adequate. He was discovered by the police at 2:30 o'clock in the morning with two other men inside a country club building which had been forcibly broken into. Defendant was carrying a crowbar and a screwdriver when observed by the police who had been tipped to an intended burglary and were waiting in the building.

The...

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