People v. Polito

60 A.D.2d 1002 Court N.Y. App. Div. Decision date 1978-01-20 English

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p. 1002

The People of the State of New York, Respondent, v Leonard Samuel Polito, Appellant.

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.