People v. Levy

Defendant was tried before a jury on a charge of cruelty to children, 1 and he was convicted and sentenced. His appeal raises five issues.

The child involved was the three-year-old son of Betty Louise Moseley, a twenty-year-old divorcee. Defendant was Mrs. Moseley’s boyfriend, and he lived with her and the child at the time of the events leading up to this prosecution. During that same period, Mrs. Moseley worked nights as a waitress at Trainor’s Tavern. May 16, 1969, when Mrs. Moseley went to work, she left her child with defendant. Later that night, the child was taken to the hospital with…