Opinion
December, 1924.
It was necessary, to warrant a conviction, that the fact of the assault should be proved by evidence from another source than the defendant's confession. The record is barren of any such proof, save the circumstances that the complainant had reported the defendant to the school authorities for an infraction of the rules, and that the defendant was present at the scene of the alleged assault. ( People v. Roach, 215 N.Y. 592, 600; People v. Krauss, 192 App. Div. 403.) The judgment of conviction of the Court of Special Sessions is, therefore, reversed on the law and facts, and the defendant discharged. Kelly, P.J., Rich, Manning, Young and Kapper, JJ., concur.