People v. Miller , 18 A.D.2d 1126 ( 1963 )

Judgment affirmed. All concur, except MeClusky, J., who dissents and votes to reverse and to grant a new trial. (Appeal from judgment of Erie County Court convicting defendant of robbery, first degree and burglary, third degree.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.