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People v. Levinsohn

88 Misc. 2d 177 Court Supreme Court, Appellate Term, Second Department, Decision date 1976-05-28 English

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p. 177
The People of the State of New York, Respondent, v Joseph Howard Levinsohn, Appellant.
Supreme Court, Appellate Term, Second Department,
May 28, 1976
p. 178
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 NY2d 259 , 261, 263).

Concur: Glickman, P. J., Pittoni and Silberman, JJ.

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