PEOPLE v. IRVINE


40 A.D.2d 560 (1972)

The People of the State of New York, Respondent, v. Andrew Irvine, Appellant

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

July 13, 1972


Judgment reversed, on the law, and new trial ordered.

The findings of fact below have not been considered. In our opinion, the trial court erred in its refusal to permit a defense witness, who had testified that the complainant had told her, "Your friend beat me", to explain the meaning of the term "beat" in "street language". This testimony seemed to be corroborative of the complainant's testimony that defendant and another person had physically assaulted him. However...

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