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PEOPLE v. STOJEK

34 A.D.2d 205 (1970)

The People of the State of New York, Respondent, v. Joseph Stojek, Appellant The People of the State of New York, Respondent, v. Robert Kopec, Appellant

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

May 21, 1970.

Attorney(s) appearing for the Case

Nathaniel A. Barrell (James P. Manak of counsel), for appellants.

Michael F. Dillon, District Attorney (M. Dolores Denman of counsel), for respondent.

GABRIELLI, MOULE and BASTOW, JJ., concur with DEL VECCHIO, J. P.; MARSH, J., dissents and votes to reverse on the law and grant a new trial, in opinion.

DEL VECCHIO, J. P.

The appellants, Robert Kopec and Joseph Stojek, and Guy Zelakowski, a codefendant not involved in this appeal, were indicted and charged with burglary third degree, grand larceny second degree and possession of burglar's instruments. After a jury trial each was convicted of burglary third degree and petit larceny.

It is undisputed that on December 13, 1966, between 10:30 A.M. and about...

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