People v. Johnson

OPINION OF THE COURT

Greenblott, J.

On February 10, 1977 the defendant was indicted upon a single indictment which contained two counts. The first charged the defendant with possession of heroin on or about *141December 26, 1976 and the second accused him of committing burglary in the third degree on the same day.

The facts are significant since they reveal a close relationship between the two counts of the indictment. Having determined that the perpetrator of a burglary at a tavern had fled by automobile, the Binghamton police immediately commenced a lookout for the suspected vehicle. A police…