People v. Schwab

The defendants Zoldek and Schwab were convicted by a verdict of a jury of the crime of burglary in the third degree and are awaiting sentence. They move to set *961aside the verdict on the ground that as a matter of law the prosecution has utterly failed to prove guilt beyond a reasonable doubt.

The evidence disclosed the following facts: Solomon Friedman conducted a drugstore on one of the corners of Wythe Avenue and South First Street in Brooklyn. The entrance to the store proper was on Wythe Avenue, and on South First Street there was a hallway which led to the upper floors of the same building.