PEOPLE v. WESTPHAL


10 Misc.2d 56 (1958)

The People of the State of New York, Respondent, v. Robert F. Westphal, Appellant.

Supreme Court, Erie County.

March 13, 1958.


Attorney(s) appearing for the Case

Ferdinand F. Di Bartolo, Jr., for appellant.

John F. Dwyer, District Attorney (Leonard Walentynowicz of counsel), for respondent.


MATTHEW J. JASEN, J.

Defendant was charged by an information of violating subdivision 2 of section 483 of the Penal Law on the complaint of a minor aged 14.

He was tried in the City Court of Buffalo without a jury and convicted, from which judgment of conviction he appeals.

The question presented is whether the defendant was prejudiced in his defense by the action of the District Attorney in offering proof of variance during the course...

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