PEOPLE v. FOSKEY


190 A.D.2d 638 (1993)

The People of the State of New York, Respondent, v. Herman Foskey, Appellant

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

February 25, 1993


The trial court properly denied defendant's motion at the close of the People's case for a trial order of dismissal as to the burglary, since, regardless of the testimony offered by the employee from the city agency which owned the building in question, the circumstantial evidence — including the hour at which defendant and his companion were found, that they were enlarging a hole in the wall that was already large enough to see through to the adjoining premises, that...

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