People v. Gross

Sweeney and Herlihy, JJ.,

dissent and vote to affirm in the following memorandum by Sweeney, J. Sweeney, J. (dissenting). We are unable to agree with the majority and, therefore, dissent and vote to affirm. A reading of the charge in its entirety clearly demonstrates that the court fairly presented the evidence and applicable rules of law to the jury. Furthermore, the proof is overwhelming that defendant was guilty of burglary.