Majority
p. 891The People of the State of New York, Respondent, v. Harold Bale, Appellant.
Judgment of conviction affirmed. All concur, except McClusky, J., who dissents and votes for reversal and a new trial on the ground that the verdict is against the weight of evidence. (Appieal from judgment of Niagara County Court convicting defendant of the crimes of burglary, third degree, attempted grand larceny, first degree, and malicious damage to property as a felony.) Present—Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.