People v. Rosenberg

Louis S. Wallach, M.

The defendant was charged with being a disorderly person, and is alleged to have violated subdivision 3 of section 899 of the Code of Criminal Procedure.

The issue involved herein is one of law, since the defendant offered no proof at the end of the People’s case and rested upon the whole case and relied upon the presumption of innocence and the correlated duty cast upon the People to prove her guilty beyond a reasonable doubt.

The facts elicited, briefly, are as follows: On November 5, 1956, at about one o’clock in the afternoon of that day, the complainant, a policewoman,…