PEOPLE v. MITTEAGER


44 N.Y.2d 927 (1978)

The People of the State of New York, Respondent, v. Timothy Mitteager, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Nancy S. Hobbs and William E. Hellerstein for appellant.

Thomas R. Sullivan, District Attorney (George E. McVay of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

There was sufficient proof to support defendant's conviction of attempted burglary in the third degree. Defendant and another individual were observed within five feet of the doorway of a business building then closed for the night and located in a rather desolate area of Staten Island. They fled as the police approached, then hid across the street...

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