Appellate Terms of the Supreme Court of New York, 1976

People v. Levinsohn

Appellate Terms of the Supreme Court of New York · Decided May 28, 1976

88 Misc. 2d 177; 386 N.Y.S.2d 1023; 1976 N.Y. Misc. LEXIS 2642

Counsel

Phillips, Nizer, Benjamin, Krim & Ballon (Louis Nizer, Gerald Phillips and William F Reilly of counsel), for appellant. Henry F. O’Brien, District Attorney (Ronald E. Lipetz of counsel), for respondent.

Opinion of the Court

Memorandum. Judgment of conviction is unanimously reversed on the law and information dismissed. '

The proof submitted by the People was insufficient to establish the guilt of the defendant beyond a reasonable doubt. We do not pass on the question whether corroboration of the infant’s testimony was required, since we find under all the circumstances that there was not a scintilla of "objective verification” of the infant’s testimony nor was the proof of guilt "clear and convincing” (People v Oyola, 6 NY2d 259, 261, 263).

Concur: Glickman, P. J., Pittoni and Silberman, JJ.

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