Opinion
July 5, 1961
Appeal by defendant from a judgment of the County Court, Queens County, rendered March 2, 1960, convicting him, after a jury trial, of burglary in the third degree, petit larceny and possession of burglar's instruments as a misdemeanor, and sentencing him to serve a term of 5 to 10 years. Judgment affirmed. In our opinion, there was sufficient corroboration of the testimony of the accomplice, and defendant's guilt was established beyond a reasonable doubt. The court's charge as to the necessity of proof that defendant acted in concert with others indicted with him, was correct on the whole; and the portion now complained of by defendant, to which no exception was taken, was not so prejudicial to defendant's rights as to require a new trial in the interests of justice. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.