PEOPLE v. CLEGG


18 A.D.2d 694 (1962)

The People of the State of New York, Respondent, v. Ellis R. Clegg, Appellant

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

December 17, 1962


Judgment reversed on the law and the facts and a new trial ordered.

The principal evidence identifying defendant as the alleged arsonist and indicating that the fire was incendiary in origin was given by a police officer and was received without objection. He testified that one Rainey told him that he saw defendant setting the fire. The receipt of such hearsay testimony was erroneous and, in our opinion, on the record presented, a new trial is required in the interests...

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