From Casetext: Smarter Legal Research

People v. Rodriguez

Court of Appeals of the State of New York
Jun 13, 1974
316 N.E.2d 342 (N.Y. 1974)

Opinion

Argued April 30, 1974

Decided June 13, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD J. GREENFIELD, J.

Hillard Wiese and William E. Hellerstein for appellant.

Mario Merola, District Attorney ( Ronny Greenwald Siegal, Daniel J. Sullivan and Susan Ackerman Goltz of counsel), for respondent.


Order affirmed in the following memorandum: On this record, the proof independent of the testimony of the five-year-old child was sufficient to make out a circumstantial case. Consequently, there is no further material question of law for this court to review. The child's examination, taken without her being sworn, was received for whatever value it had under proper instructions to the jury.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.


Summaries of

People v. Rodriguez

Court of Appeals of the State of New York
Jun 13, 1974
316 N.E.2d 342 (N.Y. 1974)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RODRIGUEZ…

Court:Court of Appeals of the State of New York

Date published: Jun 13, 1974

Citations

316 N.E.2d 342 (N.Y. 1974)
316 N.E.2d 342
359 N.Y.S.2d 58

Citing Cases

People v. Rodriguez

Decided November 15, 1974 Appeal from ( 34 N.Y.2d 833) MOTIONS FOR…