
    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.  