People v. Pesce

Appeal by defendant from a judgment of the former County Court, Queens County, rendered July 21, 1954 after a jury trial, convicting him of possession of burglar’s tools as a felony (Penal Law, § 408) and imposing sentence upon him as a second felony offender. Judgment reversed on the law and on the facts and the indictment dismissed. Defendant was indicted for burglary in the first degree and possession of burglar’s tools as a felony. The jury acquitted him of the burglary count. The evidence shows that three hours after defendant’s alleged participation in the burglary he was seen entering…