People v. Lemelle

Some years ago, the notorious Polly Adler, who operated several busy houses of prostitution, wrote a book describing in lurid detail her experiences as a madam. It was entitled: A House Is Not A Home.

The title aptly describes the argument of the defendant in his motion to dismiss the felony complaint in this case. He asserts that the word "home” is a term of wider application than the word "house” and thus he should be charged with a misdemeanor rather than a felony — possession of a loaded revolver. (The crime, normally a felony under section 265.02 of the Penal Law, is treated as a…