People v. Travato

The defendant has demurred to the second count of the information filed against him in the instant case. This count relates to section 962-a of the Penal Law and in substance alleges that the defendant, being a party to an agreement to pay and provide certain benefits and wage supplements to employees, failed to do so.

Where a demurrer is interposed, the facts as they are alleged must be assumed to be true. (People v. Decina, 2 N Y 2d 133.)

In support of his position, defendant argues that section 962-a applies only to employers engaged on public works and since there is no such allegation in…