People v. Gilbert

Judgment unanimously affirmed. Memorandum: The jury found defendant guilty of burglary in the third degree, petit larceny and criminal mischief in the fourth degree. The charges arose from the burglary of a grocery store in the Village of Dansville. At the preliminary hearing, three witnesses testified that defendant admitted to them that he had committed the burglary. At trial, the three witnesses were called by the People. One testified to defendant’s admissions but the other two asserted on direct examination that they had no knowledge of, or did not remember, the admissions. Over…