Appellate Division of the Supreme Court of New York, 1924

People v. King

People v. King
Appellate Division of the Supreme Court of New York · Decided April 15, 1924
208 A.D. 854
People v. King

Opinion of the Court

The testimony at folios 539, 548, 572 and 595 of witnesses as to the character and reputation of the complaining witness and her non-drink ng habits, based upon their personal observation, was incompetent, and constitutes reversible error. (Hart v. McLaughlin, 51 App. Div. 411, 413; People v. Van Gaasbeck, 189 N. Y. 408, 418; Chamberlayne Ev. § 3340.) The judgment of conviction of the Orange County Court is, therefore, reversed on the law, and a new trial is ordered. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur.

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