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PEOPLE v. BUTLER

44 A.D.2d 423 (1974)

The People of the State of New York, Respondent, v. Joseph John Butler, Appellant

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

May 13, 1974.

Attorney(s) appearing for the Case

James J. McDonough (Matthew Muraskin and Steven Shapiro of counsel), for appellant.

William Cahn, District Attorney (Kenneth J. Weinstein of counsel), for respondent.

HOPKINS, Acting P. J., SHAPIRO, CHRIST and BRENNAN, JJ., concur.

MUNDER, J.

This appeal is from a judgment of the County Court, Nassau County, convicting the defendant of burglary in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of not more than five years.

The principal question presented concerns the propriety of the application of the rule enunciated over 100 years ago in Knickerbocker v. People (43 N.Y. 177 [1870]) which...

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