Appellate Division of the Supreme Court of New York, 1963

People v. Garvey

People v. Garvey
Appellate Division of the Supreme Court of New York · Decided June 27, 1963
19 A.D.2d 683; 241 N.Y.S.2d 9; 1963 N.Y. App. Div. LEXIS 3498
People v. Garvey

Opinion of the Court

The judgment of conviction must be reversed. The question of fact as to the sufficiency of the corroboration evidence should have been submitted to the jury. The testimony of the witnesses Brannen as *684to complainant’s statements was hearsay and it was error to admit it. If it were not for the errors of law we would affirm. Judgment of conviction reversed, on the law, and a new trial ordered. Berga.n, P. J., Coon, Herlihy, Reynolds and Taylor, J.J., concur.

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