People v. Bomboy

Harry J. D’Agostiho, J. P.

Defendants are charged with a breach of the peace in violation of section 43 of the Penal Law. Defendant Peter Bomboy, Jr. is also charged with assault in the third degree in violation of subdivision 1 of section 244 of the Penal Law.

On July 3, 1961, at approximately 3:55 a.m. the defendants were seen entering a fenced-in area behind a large building housing Bomboy’s Garage. The arresting officers, two State Troopers, drove their car on to the property, behind the building and ascertained that the enclosed area was a swimming pool. The officers asked the defendants…