People v. Baldi

Martuscello, J. (dissenting).

I dissent and vote to affirm both judgments of conviction.

During the early morning hours of September 5, 1971 defendant opened a window of the bottom floor apartment of Anne Heeseman located at 88-59 Elderts Lane in Queens, reached in and took Heeseman’s pocketbook which had been on her dining room table. Later that morning, at 5:00 a.m., Police Officer John Hamberger, responding to a report of a prowler in the Elderts Lane area, stopped the defendant, who, after some questioning, pulled out a gun and attempted to shoot Officer Hamberger in the chest. Officer…