People v. Gilinsky

Babnes, Acting County Judge.

This is an appeal from the conviction under section 722 of the Penal Law. The defendant plead not guilty and was convicted by the Justice presiding, after a trial.

The jist of the appeal is that the testimony fails to prove any offense or crime beyond a reasonable doubt.

The evidence consists of two phases; the first being that the defendant, in the nighttime, stood by a tree looking across the street at two girls. Some significance is placed upon the fact that a tree apparently obstructed the visibility of the defendant, by the girls. The girls went their way and do…