People v. Irvin

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

There is sufficient proof to sustain the jury’s implicit finding that in the early morning hours of October 19, 1973 an attempt had been made to break into the grocery store at 58 Lowell Street. In prompt response to the ensuing police call, Detective Evans, with a fellow officer, finding no one in front of the building, went to the rear. They heard whispering and discerned two figures in the back yard two buildings to the west. On being discovered the two figures fled, and the…