PEOPLE v. BERRIOS


3 A.D.2d 382 (1957)

Thp People of the State of New York, Respondent, v. Juan Berrios, Appellant

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

March 26, 1957.


Attorney(s) appearing for the Case

George H. Bailey of counsel (Florence M. Kelley, attorney), for appellant.

Richard H. Kuh of counsel (Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney), for respondent.

PECK, P. J., RABIN, FRANK, McNALLY and BERGAN, JJ., concur.


Per Curiam.

Defendant has been convicted of attempted rape in the first degree on the wife of his brother. At some prior periods, but not at the time of the charged offense, he had lived within the household of the complainant and her husband. Sentence to a reformatory has been suspended and defendant placed on probation. The appeal from the judgment rests on two assigned errors in respect of admission of evidence....

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