Majority
p. 833The People of the State of New York, Respondent, v. Michael Rodriguez, Also Known as Miguel Rodriguez, Appellant. Argued April 30, 1974; decided June 13, 1974.
p. 834
Hillard Wiese and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Ronny Greenwald Siegal, Daniel J. Sullivan and Susan Ackerman Goltz of counsel), for respondent.
Order affirmed in the following memorandum: On this record, the proof independent of the testimony of the five-year-old child was sufficient to make out a circumstantial case. Consequently, there is no further material question of law for this court to review. The child’s examination, taken without her being sworn, was received for whatever value it had under proper instructions to the jury.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.