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PEOPLE v. PERLES

5 A.D.2d 993 (1958)

The People of the State of New York, Respondent, v. Samuel Perles, Appellant

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

April 7, 1958

Judgment reversed on the law and the facts, new trial ordered, and fine remitted.

On this record, it was prejudicial error to reject the proffered testimony of appellant's witness, an eight-year-old boy, without conducting a preliminary examination to determine if he was competent to testify (Code Crim. Pro., § 392; Wheeler v. United States, 159 U.S. 523; People v. Klein, 266 N.Y. 188; People v. Tanaglea, 241...

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