People v. Caban

Defendants have moved for an order setting aside a jury verdict convicting them of criminal possession of more than one eighth of an ounce of heroin in violation of section 220.09 of the Penal Law, a C felony. The main *44ground alleged is insufficiency of the evidence which, as to the two defendants, tended to show the following:

On May 12, 1975, shortly after 2:00 A.M., two police officers entered the common hallway at 529 Snediker Avenue, Brooklyn, to investigate a possible burglary. While checking the doors in the hallway they came upon one in the rear which was ajar, revealing a kitchen…