Opinion
May 28, 1976
Appeal from the District Court of Suffolk County, First District, ANNE F. MEAD, J.
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.
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 N.Y.2d 259, 261, 263).
Concur: GLICKMAN, P.J., PITTONI and SILBERMAN, JJ.