People v. Dutton
This text of 111 N.E.2d 889 (People v. Dutton) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We find in the record evidence sufficient in law to support the judgment insofar as it convicts the defendant, under the first count of the indictment, of violation of section 1250 of the Penal Law. Insofar as the judgment convicts the defendant under the third count of the indictment, of violating section 483-a of the Penal Law, it should be reversed and the third count dismissed upon the ground that there is no evidence sufficient in law to support the unsworn testimony of the complainant, a child nine years of age, within the requirements of section 392 of the Code of Criminal Procedure.
The judgment should be modified in accordance with the opinion herein, and, as so modified, affirmed.
Loughban, Ch. J., Conway, Desmond, Fuld and Fboessel, JJ., concur; Lewis and Dye, JJ., dissent and vote to affirm.
Judgment accordingly.
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Cite This Page — Counsel Stack
111 N.E.2d 889, 305 N.Y. 632, 1953 N.Y. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dutton-ny-1953.