Possession of Burglary Tools NY

In People v. Borrero, 26 N.Y.2d 430, 259 N.E.2d 902, 311 N.Y.S.2d 475 (1976), the, defendants were charged with possession of burglar's tools. One of the elements of this crime is the possession of tools under circumstances evincing an intent to use ... the same in a commission of a larceny by physical taking." At trial of one of the consolidated cases, the People presented evidence that the defendant used a screwdriver to Jimmy open the vent window of a car. In the other case, the defendant inserted a wins in the front door of a car. For their proof of the defendants' Intent to commit larceny, the People argued that these facts were sufficient to show the defendants' lack of ownership of the vehicles in question. Even though there was no proof from the owners of the cars that the defendants did not have permission to break into them, the Court concluded that the defendant's lack of ownership may reasonably be inferred from the surrounding "circumstances" and that "the circumstantial evidence of the defendant's lack of ownership is sufficient to support conviction." Id. at 436.