People v. Cleague

Defendant appeals from a judgment of the Appellate Division unanimously affirming, without opinion, a judgment of the Erie County Court. Defendant stands convicted of burglary in the third degree and petit larceny, following a nonjury trial in the County Court, with a sentence to Elmira Reformatory.

The sole question is whether the circumstantial case against defendant was sufficient, as a matter of law, to establish his guilt beyond a reasonable doubt. Viewed most favorably to the Peo*365pie, the record establishes that a burglary and larceny were committed, but does not give rise to a strong…