People v. Coffey

Chief Judge Desmond.

Defendant’s conviction in the Court of General Sessions of burglary in the third degree has been affirmed by the Appellate Division and his appeal is here by permission.

The charge was that at 5 o’clock on the morning of June 25, 1960 he broke a display window in a Manhattan jewelry shop and stole about 30 valuable rings. The principal testimony against him was given by the sole eyewitness, one Nilsson, a watchman at the store, who identified him at the trial. Nilsson swore that he got a look at the thief’s face as the latter turned away from the window and that he…