
    Supreme Court-General Term-Third Department.
    February 15, 1893.
    PEOPLE v. JOHN V. O’MELIA.
    (51 St. Rep. 333.)
    Disorderly house.
    A person, who leases a house to be used as a house where people can have unlawful sexual intercourse, is guilty of keeping a disorderly house.
    
      Appeal from judgment of conviction of the crime of keeping a disorderly house.
    Gleason & Dugan, for appellant.
    James W. Eaton, district attorney, for respondents.
   HERRICK, J.

This is almost entirely a question of fact. The recorder had the witnesses before him, and could iudge of their truthfulness.

Whether he kept the house himself or leased to another to be used as a house where people could have unlawful sexual intercourse, he was equally guilty. People v. Erwin, 4 Denio, 129.

The judgment should be affirmed.

MAYHAM, P. J., and PUTNAM, J., concur.  