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  5. 26 N.Y.2d 430 (1970)
 

PEOPLE v. BORRERO

26 N.Y.2d 430 (1970)

The People of the State of New York, Appellant, v. Nelson Borrero, Respondent. The People of the State of New York, Respondent, v. Santos Lugo, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1970.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Burton N. Lipchie and Michael R. Juviler of counsel), for appellant in the first above-entitled case.

Stuart A. Holtzman and Milton Adler for respondent in the first above-entitled case.

Carol Berkman and Milton Adler for appellant in the second above-entitled case.

Frank S. Hogan, District Attorney (Burton N. Lipchie and Michael R. Juviler of counsel), for respondent in the second above-entitled case.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BRIETEL and GIBSON concur.

JASEN, J.

The question in each of these cases, argued together on appeal, is whether there was sufficient evidence to support the conclusion that the defendants were possessed of "any tool, instrument or other article adapted, designed or commonly used for committing or facilitating * * * offenses involving larceny by physical taking * * * under circumstances evincing an intent to use * * * the same in the commission...

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