PEOPLE v. GARCIA


75 A.D.2d 625 (1980)

The People of the State of New York, Respondent, v. Fernando Garcia, Appellant

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

April 21, 1980


Judgment reversed, on the law, and new trial ordered.

The evidence in the instant record was sufficient to justify the jury's conclusion that defendant's guilt was proven beyond a reasonable doubt. As the District Attorney candidly concedes, however, a new trial is required. In their direct case the People adduced the testimony of a psychiatrist to attest to the complaining witness' capacity to relate facts. This testimony exceeded the limits set forth in People...

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