People v. Schildhaus

Robert P. Mahoney, M.

The defendant is charged in the usual form of affidavit of complaint with a violation of section 2040 of the Penal Law of the State of New York. The affidavit of complaint is signed by a tenant against the defendant “ as agent of the landlord ”. A violation of that section had been a misdemeanor malum in se, until the Legislature of

*91954 reduced it to that of an offense and changed the penalty for its violation from a fine of $500 or six months’ imprisonment or both, to a fine of $50, or 30 days’ imprisonment or probation or all (L. 1954, ch. 733). However, the language of the…