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PEOPLE v. CUMMINGS

36 Misc.2d 800 (1962)

The People of the State of New York, Plaintiff, v. Betty Cummings, Defendant.

City Court of Binghamton.

November 7, 1962

Attorney(s) appearing for the Case

Stephen Smyk, District Attorney (Herbert A. Kline of counsel), for plaintiff. Harry S. Travis for defendant.

JOSEPH W. ESWORTHY, J.

Betty Cummings, defendant was tried before this court without a jury on October 18, 1962, for the offense of subdivision 1 of section 45 of the Navigation Law in the State of New York. At the outset counsel for defendant moved to dismiss the information on the ground the statute is unconstitutional as the penalty provided is of the grade of misdemeanor and the right to trial by jury exists...

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