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People v. Gastiaburo

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1965
23 A.D.2d 891 (N.Y. App. Div. 1965)

Summary

affirming conviction of possession of burglar's instruments where "Defendant's statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed"

Summary of this case from T.R.C. v. State

Opinion

May 24, 1965


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 7, 1963 after a jury trial, convicting him of burglary in the third degree and possession of burglar's instruments as a felony, and imposing sentence upon him as a second felony offender. Judgment affirmed. Section 408 of the Penal Law makes it a crime to have in one's possession any implement commonly used for the commission of a larceny under circumstances evincing an intent to use the implement in the commission of a crime. In this case the implements are toothpicks. Defendant's statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed. Furthermore, the statement is couched in terms implying the use of toothpicks by the defendant as a common practice to aid in the commission of a larceny. Christ, Acting P.J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Gastiaburo

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1965
23 A.D.2d 891 (N.Y. App. Div. 1965)

affirming conviction of possession of burglar's instruments where "Defendant's statement to the detective shows clearly that the toothpicks were used to prevent the owner from unlocking his apartment door while the larceny was being committed"

Summary of this case from T.R.C. v. State

In People v. Gastiaburo, 23 A.D.2d 891, 260 N.Y.S.2d 250, 251 (1965), the court held that toothpicks qualified as implements commonly used for the commission of larceny.

Summary of this case from State v. Adkins

In People v Gastiaburo (23 AD2d 891 [2d Dept 1965]), the Second Department held that ordinary toothpicks used by the defendant to prevent an owner from entering his apartment while a larceny was in progress constituted a burglar's tool.

Summary of this case from People v. Banister
Case details for

People v. Gastiaburo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GASTIABURO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 24, 1965

Citations

23 A.D.2d 891 (N.Y. App. Div. 1965)

Citing Cases

T.R.C. v. State

As the court in Thomas explainedSee, e.g., People v. Gastiaburo, 23 A.D.2d 891, 891, 260 N.Y.S.2d 250 (N.Y.…

State v. Adkins

Id. In People v. Gastiaburo, 23 A.D.2d 891, 260 N.Y.S.2d 250, 251 (1965), the court held that toothpicks…