PEOPLE v. KELLEY


38 Misc.2d 495 (1963)

The People of the State of New York, Respondent, v. William Kelley, Appellant.

County Court, Monroe County.

January 31, 1963


Attorney(s) appearing for the Case

Edward P. Loeser for appellant. Stephen P. Morris and John J. Conway, Jr., District Attorney (Stephen K. Pollard of counsel), for respondent.


GEORGE D. OGDEN, J.

William Kelley was convicted of being a disorderly person, in violation of subdivision 1 of section 899 of the Code of Criminal Procedure, which renders guilty of being disorderly persons "Persons who actually abandon their wives or children" (italics supplied). The record on appeal in this case contains no testimony that defendant is, in fact, the husband of the complainant, or that the children specified in the information...

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