PEOPLE v. LEWIS


25 A.D.2d 567 (1966)

The People of the State of New York, Respondent, v. Billie Roy Lewis, Appellant

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

February 28, 1966


Orders reversed, on the law and on the facts, without costs and a new trial ordered.

The findings of fact implicit in the trial court's disposition are reversed. In our opinion, the petitioner, a married woman, failed to adduce sufficiently "clear, convincing and entirely satisfactory" evidence to overcome the presumption of legitimacy of her child (Matter of Findlay, 253 N.Y. 1). Petitioner's unsupported testimony that her husband was impotent; that after...

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