People v. Rue

By an informal agreement between the corporation counsel, representing the People, and the defendant’s counsel, for which no authority can probably be found in the Code of Criminal Procedure, it was left to the court to determine in advance of trial whether if the allegations of the complaint were true a crime has been committed. With no intention of restricting my right of otherwise deciding this question at the time of trial I now decide that the allegations as pleaded, if established, would constitute a crime.

The complaint alleges that the defendant committed a misdemeanor under…