People v. Bachorski , 275 A.D.2d 995 ( 1949 )

All concur, except Kimball, J., who dissents and votes for reversal and for dismissal of the indictment on the ground that the facts shown do not constitute a public nuisance. (The judgment convicts defendant of the crime of operating a public nuisance.) Present — Taylor, P. J., McCurn, Love, Kimball and Piper, JJ.