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People v. Dutton

Court of Appeals of the State of New York
Apr 9, 1953
111 N.E.2d 889 (N.Y. 1953)

Opinion

Argued January 7, 1953

Decided April 9, 1953

Appeal from the Supreme Court, Appellate Division, Fourth Department, HALPERN, J.

Charles J. McDonough for appellant.

Gordon Steele, District Attorney ( George H. Metz of counsel), for respondent.


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.

LOUGHRAN, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ., concur; LEWIS and DYE, JJ., dissent and vote to affirm.

Judgment accordingly.


Summaries of

People v. Dutton

Court of Appeals of the State of New York
Apr 9, 1953
111 N.E.2d 889 (N.Y. 1953)
Case details for

People v. Dutton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRELL E. DUTTON…

Court:Court of Appeals of the State of New York

Date published: Apr 9, 1953

Citations

111 N.E.2d 889 (N.Y. 1953)
111 N.E.2d 889

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