PEOPLE v. RALPH C.


39 N.Y.2d 777 (1976)

The People of the State of New York, Respondent, v. Ralph C., Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Edward Klein for appellant.

Nicholas Ferraro, District Attorney (Dennis Lebwohl of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG concurs in result in a separate opinion.


MEMORANDUM.

The order of Appellate Term affirming the judgment of the Criminal Court of the City of New York should be affirmed.

We fail to perceive the relevance, for any purpose, of the information contained in the proffered weather report which the defendant contends the trial court refused to admit into evidence. There was no question of fact as to whether it was raining, as indeed the complainant herself testified...

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