Appellate Division of the Supreme Court of New York, 1946

People v. Mottolo

People v. Mottolo
Appellate Division of the Supreme Court of New York · Decided January 21, 1946
270 A.D. 769; 59 N.Y.S.2d 451; 1946 N.Y. App. Div. LEXIS 3880
People v. Mottolo

Opinion of the Court

Judgment of the Court of "Special Sessions of the City of New York, Borough of Brooklyn, convicting defendant of a violation of sections 244 and 483 of the Penal Law, reversed on the law, the information dismissed and the defendant discharged. The proof did not show defendant’s guilt beyond a reasonable doubt, and the unsworn testimony of a six-year-old child was not sufficiently supported by other evidence, as required by section 392 of the Code of Criminal Procedure. Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.