PEOPLE v. KELLY


20 A.D.2d 740 (1964)

The People of the State of New York, Respondent, v. Gerald Kelly, Appellant

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

February 20, 1964


A resolution of the issues involved depended upon the credibility to be accorded the testimony of the parties and of other witnesses which was in sharp conflict. On this record we would not be justified in substituting our judgment for that of the Trial Judge who has had the advantage of seeing and hearing the witnesses. On motion of defendant a blood grouping test was performed which did not definitely exclude him as the father of the child. (Domestic Relations Law, §...

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