PEOPLE v. KOTLER


141 Misc.2d 675 (1988)

The People of the State of New York, Plaintiff, v. Joseph Kotler and Prospect Realty, Inc., Defendants.

Criminal Court of the City of New York, Kings County.

October 28, 1988


Attorney(s) appearing for the Case

Richard A. Finkel for defendants. Elizabeth Holtzman, District Attorney (Michael Hernandez of counsel), for plaintiff.


JOEL M. GOLDBERG, J.

The issue before the court on the defendants' motion to dismiss for facial insufficiency of the information is whether causing danger to "tenants and visitors" of a multiple dwelling by failing to make required repairs constitutes the crime of criminal nuisance which, pursuant to Penal Law § 240.45 (1), requires that danger be caused to "a considerable number of persons". (See, CPL 100.40, 170.35.)

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