ADDENDUM SUPREME COURT OF THE STATE OF NEW YORK 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 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. 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 rroneously непову inserted @ |