Summary
In People v. Casale (269 App. Div. 752) the defendant was convicted of a violation of section 484 of the Penal Law which is the counterpart provision in the Penal Law of the section under which Davin was convicted.
Summary of this case from People v. DavinOpinion
April 9, 1945.
Appeal from Court of Special Sessions of the City of New York.
Present — Close, P.J., Hagarty, Carswell, Adel and Lewis, JJ.
Judgments modified on the facts by reducing the sentence for each of the violations to three months in the workhouse, the sentences to run concurrently. As thus modified, the judgments are unanimously affirmed. The proof is sufficient to warrant the determination by the trial court that the defendant knew, at the time that he sold the beer, that each of the females was under the age of eighteen years, despite their assurances as to their age. The sentences, however, were excessive.