People v. Blindman

The defendant was convicted under section 2040 of the Penal Law of willfully and intentionally failing to furnish water service, required to he furnished by the express or implied terms of the lease or rental agreement and necessary to the customary use of the building referred to in the complaint. There was no proof offered of the terms of the leases or rental agreements and therefore the People failed to establish a willful and intentional violation of the terms of a lease (People v. Weiss, 237 N. Y. S. 2d 910). There may not be a conviction for willful violation of a lease unless there was…