People v. Cummings

Betty Cummings, defendant was tried before this court without a jury on October 18, 1962, for *801the offense of subdivision 1 of section 45 of the Navigation Law in the State of New York. At the outset counsel for defendant moved to dismiss the information on the ground the statute is unconstitutional as the penalty provided is of the grade of misdemeanor and the right to trial by jury exists. The court denied this motion and all other motions for dismissal when made either after the People’s proof or after trial. Decision was reserved by the court and briefs from counsel were requested.

The…