PEOPLE v. RODRIGUEZ


34 N.Y.2d 833 (1974)

The People of the State of New York, Respondent, v. Michael Rodriguez, Also Known as Miguel Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Hillard Wiese and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Ronny Greenwald Siegal, Daniel J. Sullivan and Susan Ackerman Goltz of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.


Order affirmed in the following memorandum: On this record, the proof independent of the testimony of the five-year-old child was sufficient to make out a circumstantial case. Consequently, there is no further material question of law for this court to review. The child's examination, taken without her being sworn, was received for whatever value it had under proper instructions...

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