People v. Benoit

Appeal (1) from a judgment of conviction rendered by the County Court, Kings County, sentencing appellant, after he had been found guilty by a jury of the crime of possession of burglar’s instruments as a felony in violation of section 408 of the Penal Law, to serve from three and a half to seven years, and (2) from each and every intermediate order therein made. Judgment reversed on the law and the facts and a new trial ordered. The indictment charges that, on a date specified, appellant had in his possession, certain tools, “ to wit: gloves, torch, masks, guages [sic] and hose attached,…