Majority
p. 891The People of the State of New York, Respondent, v. Anthony Smiech, Also Known as Tony Smith, Also Known as Anthony Smith, Also Known as Anthony E. Smith, 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. (Appeal 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.