DEP'T OF PUB. WELFARE v. HAMILTON


282 A.D. 1025 (1953)

Department of Public Welfare of the City of New York, Respondent, v. Lee Hamilton, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 1953.


Order unanimously reversed and a new trial ordered.

In our opinion the trial court should have granted an adjournment upon the statement of defense counsel that he had additional medical testimony to prove that defendant was sterile in March, 1951, the alleged time of the conception. The undisputed expert testimony established that the defendant was sterile in February, 1953. The issue of fact was close and such additional testimony would have had material weight...

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