People v. Levinsohn

Appellate Terms of the Supreme Court of New York

People v. Levinsohn

88 Misc. 2d 177, 386 N.Y.S.2d 1023, 1976 N.Y. Misc. LEXIS 2642

Appellate Terms of the Supreme Court of New York·Decided May 28, 1976·Published·Cited by 1 cases

Opinion

Memorandum. Judgment of conviction is unanimously reversed on the law and information dismissed. '

The proof submitted by the People was insufficient to establish the guilt of the defendant beyond a reasonable doubt. We do not pass on the question whether corroboration of the infant’s testimony was required, since we find under all the circumstances that there was not a scintilla of "objective verification” of the infant’s testimony nor was the proof of guilt "clear and convincing” (People v Oyola, 6 NY2d 259, 261, 263).

Concur: Glickman, P. J., Pittoni and Silberman, JJ.

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Memorandum. Judgment of conviction is unanimously reversed on the law and information dismissed. '

The proof submitted by the People was insufficient to establish the guilt of the defendant beyond a reasonable doubt. We do not pass on the question whether corroboration of the infant’s testimony was required, since we find under all the circumstances that there was not a scintilla of "objective verification” of the infant’s testimony nor was the proof of guilt "clear and convincing” (People v Oyola, 6 NY2d 259, 261, 263).

Concur: Glickman, P. J., Pittoni and Silberman, JJ.

People v. Levinsohn, 88 Misc. 2d 177, 386 N.Y.S.2d 1023, 1976 N.Y. Misc. LEXIS 2642 (N.Y. Ct. App. 1976).

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