Opinion
January 15, 1975
Appeal from the Criminal Court of the City of New York, New York County, BENJAMIN A. LANDER, J.
Irving L. Kalish for appellant.
Richard H. Kuh, District Attorney ( Peter Lushing, Lewis R. Friedman and Sharon M. Lynch of counsel), for respondent.
The evidence was insufficient to establish beyond a reasonable doubt that defendant's failure to provide hot water was willful or intentional.
Judgment of conviction reversed on the law and the facts, complaint dismissed and fine remitted.
Concur: MARKOWITZ, P.J., FRANK and DUDLEY, JJ.