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PEOPLE v. DALE

65 A.D.2d 625 (1978)

The People of the State of New York, Respondent, v. James Dale, Appellant

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

October 30, 1978

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

The court made it clear, after a nonjury trial, that it was finding defendant guilty because the young boy who testified that he was the one who did the "cutting" should not be believed since, "He never admitted it to anybody. He never told it to anybody. He never told it to the detective when he was arrested. He...

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