decided: July 2, 1969.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
RAYMOND CORDARO, APPELLANT
Appeal, by permission of an Associate Judge of the Court of Appeals, from a judgment of the Westchester County Court, entered April 30, 1968, (1) affirming two judgments of a Court of Special Sessions held by a Justice of the Peace of the Town of Mount Pleasant (Herbert J. Bliss, J. P.), which convicted defendant of (a) removing stools and a counter from a restaurant operated by him, in violation of conditions imposed in a variance granted to him by the Zoning Board of Appeals of the Town of Mount Pleasant and (b) operating said restaurant without correcting the said violation and (2) modifying, by imposing a fine rather than a term of imprisonment, and, as so modified, affirming, a third judgment of said court which convicted him on another charge of operating the restaurant without correcting the violation. Defendant entered a plea of not guilty to each of the three informations. His trial counsel stipulated that stools had, in fact, been removed from the restaurant. In the Court of Appeals defendant argued, among other things, that the trial court erred in permitting his counsel to stipulate as to the precise facts which were the basis of the charges against him, and that he was deprived of his right to a full trial at which the prosecution was required to establish his guilt beyond a reasonable doubt.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.
Judgment affirmed; no opinion.
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