PEOPLE v. MITCHELL


45 A.D.2d 746 (1974)

The People of the State of New York, Respondent, v. Alvin Louis Mitchell, Appellant

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

June 17, 1974


Judgment and order affirmed.

No opinion.

Munder, J., dissents and votes to reverse the judgment and order a new trial and to dismiss the appeal from the order as academic, with the following memorandum:

I think it was error not to admit in evidence the statement by the victim in which she described her assailant. The evidence was sought to be elicited by defendant through a detective who had interviewed her at the hospital to which she...

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