People v. Gastiaburo

Appellate Division of the Supreme Court of New York

People v. Gastiaburo

23 A.D.2d 891, 260 N.Y.S.2d 250, 1965 N.Y. App. Div. LEXIS 4075

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1965

StatusPublished

Cited by3 cases

This text of 23 A.D.2d 891 (People v. Gastiaburo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gastiaburo, 23 A.D.2d 891, 260 N.Y.S.2d 250, 1965 N.Y. App. Div. LEXIS 4075 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 after a jury trial, convicting him of burglary in the third degree and possession of burglar’s instruments as a felony, and imposing sentence upon him as a second felony offender. Judgment affirmed. Section 408 of the Penal Law makes it a crime to have in one’s possession any implement commonly used for the commission of a larceny under circumstances evincing an intent to use the implement in the commission of a crime. In this ease the implements are toothpicks. Defendant’s statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed. Furthermore, the statement is couched in terms implying the use of toothpicks by the defendant as a common practice to aid in the commission of a larceny. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 after a jury trial, convicting him of burglary in the third degree and possession of burglar’s instruments as a felony, and imposing sentence upon him as a second felony offender. Judgment affirmed. Section 408 of the Penal Law makes it a crime to have in one’s possession any implement commonly used for the commission of a larceny under circumstances evincing an intent to use the implement in the commission of a crime. In this ease the implements are toothpicks. Defendant’s statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed. Furthermore, the statement is couched in terms implying the use of toothpicks by the defendant as a common practice to aid in the commission of a larceny. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 891, 260 N.Y.S.2d 250, 1965 N.Y. App. Div. LEXIS 4075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gastiaburo-nyappdiv-1965.

Opinion

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