Appellate Division of the Supreme Court of the State of New York January 20, 1978 (People v. Polito)

Judgment unanimously reversed and indictment dismissed on the ground that the proof adduced at the trial failed as a matter of law to establish defendant’s guilt beyond a reasonable doubt. (Appeal from judgment of Monroe County Court—burglary, third degree.) Present—Marsh, P. J., Moule, Simons, Dillon and Witmer, JJ.