Opinion
May, 1916.
Judgment of conviction affirmed, the court finding no prejudicial error calling for a reversal of the conviction under section 542 of the Code of Criminal Procedure. All concurred, except Kellogg, P.J., who dissented in memorandum, in which Howard, J., concurred.
It was reversible error to receive, over the defendant's objection, the evidence of Mrs. May that her sister, the complainant, after she discovered her pregnancy, two months after the alleged offense, stated to her that the defendant was responsible for her condition. ( Baccio v. People, 41 N.Y. 265; People v. Clemons, 37 Hun, 580; People v. O'Sullivan, 104 N.Y. 481; People v. Friedman, 139 App. Div. 795. ) Howard, J., concurred.