People v. Muller

Lehman, Ch. J.

The defendants have been convicted upon a charge of “ Disorderly conduct tending to a breach of the peace, in violation of section 722, subdivision 2, of the Penal Law.” Some testimony was taken at the hearing of the charge, but by stipulation all the testimony was expunged from the record and the parties stipulated the facts pertaining to the complaint which were to be taken “ in lieu of the sworn testimony.” We quote the facts as stipulated in full:

“ 1. The complainant, Ben Berkowitz, is the owner of a retail haberdashery store at 1587 Pitkin Avenue, Brooklyn, County of Kings;

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