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PEOPLE v. CRONIN

60 N.Y.2d 430 (1983)

The People of the State of New York, Respondent, v. Michael Cronin, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1983.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Peter D. Braun of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehman of counsel), for respondent.

Judges JASEN, JONES and MEYER concur with Judge KAYE; Chief Judge COOKE and Judges WACHTLER and SIMONS concur in result in a memorandum.

KAYE, J.

During the early hours of June 27, 1979, defendant, one of a group of youths, entered a Radio Shack store by running through a plate glass window, and several items were stolen. The evidence in this prosecution for burglary and related offenses showed that prior to the break-in, defendant had consumed up to a case of beer, smoked several marihuana cigarettes...

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