People v. Mitchell

Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 6, 1978, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain physical evidence and oral and written statements. Judgment affirmed. Shortly before 5:00 a.m. on the morning of December 23, 1975, John Smith, a janitor employed at the RKO Twin Theater on Rockaway Turnpike in Lawrence, arrived at work to discover that an upstairs office had been broken into. Unable to use…