Opinion
March 14, 1949.
Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting appellant under an information charging the crimes of endangering the health and morals of a child and assault in the third degree, reversed on the law, the information dismissed and the defendant discharged. The testimony of the complaining witness, a seven-year-old child, was not under oath and was not sufficiently supported by other evidence, as required by section 392 of the Code of Criminal Procedure. (Cf. People v. Fiorino, 272 App. Div. 1022; People v. Mottolo, 270 App. Div. 769; People v. Croes, 285 N.Y. 279.) Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.