(Download) "People State New York v. Nelson Borrero" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Nelson Borrero
- Author : Court of Appeals of New York
- Release Date : January 13, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[26 N.Y.2d 430 Page 432] The question in each of these cases, argued together on appeal, is whether there was sufficient evidence to support the
conclusion that the defendants were possessed of "any tool, instrument or other article adapted, designed or commonly used
for committing or facilitating * * * offenses involving larceny by physical taking * * * under circumstances evincing an intent
to use * * * the same in the commission of an offense of such character." (Penal Law, § 140.35, possession of burglar's tools.)
PEOPLE V. BORRERO At about 5:55 p.m., on March 18, 1968, Detective John Reilly, a 13-year veteran of the New York City Police
Department, noticed defendant Borrero standing in the street alongside a parked automobile, prying on the vent window of the
vehicle with a screwdriver. After the officer had observed Borrero continue his labor for about two or three minutes, another
man walked over toward Borrero and appeared to say a few words. Following this, Borrero placed the screwdriver beneath his
jacket, turned away from the auto and began walking up the street. At this point Detective Reilly stopped him, identified
himself as a policeman, and informed Borrero he was under arrest. Thereupon, Borrero removed his right hand from his jacket
pocket and threw a glassine envelope in the direction of his mouth. The envelope struck the side of his face, falling to the
ground, and Borrero started to run away. The officer apprehended the defendant and retrieved the glassine envelope, which
was found to contain heroin. Detective Reilly testified that he had previously made five or six arrests for possession of
burglar's tools, a majority of which have led to convictions. He also said that when a screwdriver is used on a vent window,
[26 N.Y.2d 430 Page 433]
 "People State New York v. Nelson Borrero" by Court of Appeals of New York # Book PDF Kindle ePub Free){kind=link}