Opinion
April 11, 1991
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances, we think the evidence presented, albeit circumstantial, was sufficient to establish defendant's guilt beyond a reasonable doubt.
Concur — Sullivan, J.P., Wallach, Asch and Smith, JJ.