People v. Byrne

The defendant is charged with violating section B32-297.0 of the Administrative Code of the City of New York in that on November 2, 1974, he allegedly operated an unlicensed cabaret.

At the trial, the following relevant facts were established:

At 1:05 a.m. on November 2, 1974, an ensemble entertained in the subject establishment. The performing group consisted of three persons, one playing a banjo, one a guitar, and one a melódica.

The issuance of the summons was prompted by the fact that the person playing the melódica was observed to put it aside. She then began to sing solo, accompanied by…