People v. Gastiaburo

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 after a jury trial, convicting him of burglary in the third degree and possession of burglar’s instruments as a felony, and imposing sentence upon him as a second felony offender. Judgment affirmed. Section 408 of the Penal Law makes it a crime to have in one’s possession any implement commonly used for the commission of a larceny under circumstances evincing an intent to use the implement in the commission of a crime. In this ease the implements are toothpicks. Defendant’s statement to the…