Слике страница
PDF
ePub

ADDENDUM

SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION: FIRST DEPARTMENT

THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against

LEROY HORACE TEMPLE,

Defendant-Appellant

-X

--X

STATEMENT PURSUANT TO RULE 5531

1. The indictment number in the court below was 833/66.

2. The full names of the original parties were People of the State of New York against Leroy Borace Temple.

3. This action was commenced in Supreme Court, Bronx County. 4. This action was commenced by the filing of an indictment on May 4, 1966.

5. This appeal is from a judgment convicting appellant after a

plea of guilty of the crime of attempted robbery in the third degree.

6. This is an appeal from a judgment of conviction rendered on

December 9, 1966.

7. This appeal is not being prosecuted with the appendix method.

2A

[ocr errors][ocr errors][merged small][merged small]
[blocks in formation]

POINT I. Remarks in the prosecutor's summation to which no objection was made were not inflammatory or prejudicial (responding to Appellants' Point I)

POINT II. A box of clothing, found near where defendants were hiding, and photographs depicting the outside of the store were properly received in evidence

POINT III. The Court properly foreclosed defendants' proposed inquiry into other and different burglaries committed at other times and places, in the vicinity of the burglarized premises

14

18

20

POINT IV. Defendants' guilt was proven beyond a

reasonable doubt

21

POINT V. The judgment of conviction should be af

firmed

23

New York Supreme Court

APPELLATE DIVISION-SECOND DEPARTMENT.

[blocks in formation]

William Von Knoblauch, a Town of Poughkeepsie Detective Sergeant (11); was doing an off duty overnight watch of the automobiles on display in a Poughkeepsie shopping plaza in which Flah's Department Store, the allegedly burglarized premises, is located (12). Before sunrise, at approximately 6 a. m. of October 24, 1965 (Sunday morning), VonKnoblauch saw a panel truck bearing the name "Doc's Window Cleaning" enter the plaza (14), and drive to the rear of the Flah's building. This was defendant Melvin "Doc" Wallach's truck (15, 488). VonKnoblauch's suspicisions were aroused, and he called the police department. Officer Boyce responded to the scene (15). Shortly thereafter, VonKnoblauch and Boyce both looked into Flah's window and saw the defendant Howard Snyder [who was said to be an employee of Wallach's (602)] removing clothing from the racks. VonKnoblauch recognized Howard Snyder (17). Night lights were on inside the store (111), including two fluorescent lights in the portion of the store where Snyder was seen (Store Manager Carl Good, 275, 311). VonKnob

Katement inder Rule 5528(6) has been
P. 13

rroneously непову

inserted @

« ПретходнаНастави »