People v. Looker

Appellate Division of the Supreme Court of New York

People v. Looker

255 A.D. 935, 8 N.Y.S.2d 693, 1938 N.Y. App. Div. LEXIS 5896

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1938

StatusPublished

This text of 255 A.D. 935 (People v. Looker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Looker, 255 A.D. 935, 8 N.Y.S.2d 693, 1938 N.Y. App. Div. LEXIS 5896 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order affirmed, without costs of this appeal to either party. Memorandum: The evidence presents a fair question of fact. The principal defense is an alibi. In such case, everything depends on the credibility of the witnesses, and, in this case, also on the accuracy of memory of events occurring many months previously, and, at the time, rather immaterial to the witnesses. Considering the proof of inclination and opportunity, which is not disputed, as well as on the other testimony in the record, we conclude that the order was not contrary to the weight of the evidence. All concur. (The order directs defendant to contribute to the support of an infant, in a filiation proceeding.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Order affirmed, without costs of this appeal to either party. Memorandum: The evidence presents a fair question of fact. The principal defense is an alibi. In such case, everything depends on the credibility of the witnesses, and, in this case, also on the accuracy of memory of events occurring many months previously, and, at the time, rather immaterial to the witnesses. Considering the proof of inclination and opportunity, which is not disputed, as well as on the other testimony in the record, we conclude that the order was not contrary to the weight of the evidence. All concur. (The order directs defendant to contribute to the support of an infant, in a filiation proceeding.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

255 A.D. 935, 8 N.Y.S.2d 693, 1938 N.Y. App. Div. LEXIS 5896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-looker-nyappdiv-1938.