PEOPLE v. SIMS

Although there was a lease entered into for the tenant's apartment, the lease was not offered in evidence. There may not be a conviction under the section involved unless there is a failure to furnish a service or facility required to be furnished by the terms, expressed or implied, of the rental agreement with respect to the premises referred to in the information. ( People v. Dubins, 276 App. Div. 1104.) Nolan, P.J., Johnston, Adel, Wenzel and Schmidt, JJ., concur.