PEOPLE v. FOGARTY


86 A.D.2d 617 (1982)

The People of the State of New York, Respondent, v. John Francis Fogarty, Appellant

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

January 18, 1982


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

At the trial, the People adduced testimony from a child psychiatrist with reference to the infant complainant's veracity and his vulnerability to sexual involvement with an adult. This testimony improperly bolstered the complainant's credibility and unduly colored the jurors' assessment of his veracity. References to such testimony were made by the prosecutor...

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