People v. Taylor

Defendant appeals from a conviction for a violation of subdivision 1 of section 722 of the Penal Law. An inconsistency is presented in that the information charges the offense to have occurred in a private apartment (People v. Oczko, 272 N. Y. 604; People v. McCauliff, 267 id. 581; People v. Perry, 265 id. 362), and the State’s evidence on the trial unquestionably sought to establish that the alleged offensive language and disorderly behavior occurred on a public street. Defendant’s motions relative to the sufficiency of the information made at the opening and throughout the trial were…