People v. Birnbaum

McAvoy, J.:

These two defendants, with one other person who is now dead, occupied a room at 207 West One Hundred and Twenty-eighth street, New York city, in which a police officer found, after a search thereof, certain tools consisting of a crowbar or jimmy, a brace and bit, a pipe-cutter and a flash light, which the People declare the defendants were prohibited from having in their possession under section 408 of the Penal Law, since these articles came within the definition of that section as tools commonly used for the commission of burglary; and that their possession was had by the…