People v. Rodriguez

New York Court of Appeals

People v. Rodriguez

316 N.E.2d 342, 34 N.Y.2d 833, 359 N.Y.S.2d 58, 1974 N.Y. LEXIS 1498

DecidedJune 13, 1974

StatusPublished

This text of 316 N.E.2d 342 (People v. Rodriguez) 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.

Bluebook

People v. Rodriguez, 316 N.E.2d 342, 34 N.Y.2d 833, 359 N.Y.S.2d 58, 1974 N.Y. LEXIS 1498 (N.Y. 1974).

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Opinion

Order affirmed in the following memorandum: On this record, the proof independent of the testimony of the five-year-old child was sufficient to make out a circumstantial case. Consequently, there is no further material question of law for this court to review. The child’s examination, taken without her being sworn, was received for whatever value it had under proper instructions to the jury.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Order affirmed in the following memorandum: On this record, the proof independent of the testimony of the five-year-old child was sufficient to make out a circumstantial case. Consequently, there is no further material question of law for this court to review. The child’s examination, taken without her being sworn, was received for whatever value it had under proper instructions to the jury.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Bluebook (online)

316 N.E.2d 342, 34 N.Y.2d 833, 359 N.Y.S.2d 58, 1974 N.Y. LEXIS 1498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-ny-1974.