PEOPLE v. WINCHELL


36 A.D.2d 779 (1971)

The People of the State of New York, Respondent v. Elmond S. Winchell, Appellant

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

March 16, 1971


The defendant was indicted by the Grand Jury of the County of Washington for the crime of burglary in the third degree and was found "guilty as charged". Mr. Zolnik was the owner of a two-story building, the ground floor of which was used for a restaurant and grill, the upstairs occupied as living quarters. On November 5, 1969 his dog started barking and he heard banging in the downstairs part of the house. There had been a power...

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