PEOPLE v. LEICHTWEIS


59 A.D.2d 383 (1977)

The People of the State of New York, Appellant, v. Ralph Leichtweis et al., Defendants, and Michael Belvedere, Respondent

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

November 21, 1977


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Gary C. DiLeonardo of counsel), for appellant.

Lyon & Erlbaum (Herbert A. Lyon of counsel), for respondent.

HOPKINS J. P., LATHAM and RABIN, JJ., concur.


MARGETT, J.

The People appeal from so much of an order of the Supreme Court, Queens County, dated April 5, 1977, as dismissed those counts of an indictment which charged respondent with burglary in the third degree and attempted grand larceny in the second degree (counts one and two respectively). With respect to the count of the indictment charging burglary, the issues before us are (a) whether the testimony...

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