Majority
p. 717The People of the State of New York, Respondent, v. Frederick Rabens, Appellant.
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 Mae-Crate, JJ., concur.
Cases cited
- People v. Croes 285 N. Y. 279 p. 717