Majority
p. 821The People of the State of New York, Respondent, v. Roy Robinson, Appellant.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 10, 1961 after a jury trial, convicting him of burglary in the second degree and of assault in the third degree, and imposing sentence. Judgment affirmed. In our opinion, People v. Krevoff ( 11 A D 2d 1053 ) is distinguishable. In the case at bar there is evidence from which the conclusion may be fairly drawn that there was a breaking; in the Krevoff case there was no such evidence. Beldoek, P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.