PEOPLE v. MACKLEY


60 A.D.2d 791 (1977)

The People of the State of New York, Respondent, v. Jack Howard Mackley, Appellant

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

December 16, 1977


Judgment unanimously affirmed.

Memorandum:

Upon the trial of his indictment for sodomy in the first and second degrees, the jury found defendant guilty of sodomy in the third degree. The court correctly ruled that the mother of the 14-year-old victim could testify that the victim returned home at about 3:15 P.M., only a few minutes after the attack, and told her that defendant had "raped" him, and she observed that her son was trembling and visibly upset ...

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