Peoplev. Churgin

Decision Date11 April 1933
Citation261 N.Y. 661,185 N.E. 782
PartiesThe PEOPLE of the State of New York, Respondent, v. Sidney CHURGIN, Appellant.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (236 App. Div. 809, 259 N. Y. S. 958), entered October 21, 1932, which affirmed a judgment of the Court of Special Sessions of the City of New York convicting the defendant of the crime of endangering the morals of a minor in violation of section 483 of the Penal Law (Consol. Lows, c. 40). The only eye witness of the alleged criminal acts was the complainant herself, a child ten years old at the time of the trial. Her testimony was not corroborated.

Robert Diamond, Edward M. Bratter, and Noah L. Braunstein, all of New York City, for appellant.

William F. X. Geoghan, Dist. Atty., of Brooklyn (Henry J. Walsh, of Brooklyn, of counsel), for respondent.

PER CURIAM.

Judgment reversed and information dismissed on the ground that the evidence does not warrant the conviction of the defendant of the crime charged.

POUND, C. J., and CRANE, LEHMAN, KELLOGG, HUBBS and CROUCH, JJ., concur.

O'BRIEN, J., dissents and votes to affirm.

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8 cases
  • People v. Porcaro
    • United States
    • New York Court of Appeals Court of Appeals
    • July 8, 1959
    ...N.Y. 683, 56 N.E.2d 297; People v. Derner, 288 N.Y. 599, 42 N.E.2d 605; People v. Slaughter, 278 N.Y. 479, 15 N.E.2d 70; People v. Churgin, 261 N.Y. 661, 185 N.E. 782). For the reasons stated in People v. Oyola, 6 N.Y.2d 259, 189 N.Y.S.2d 203, supra, the judgment of conviction should be rev......
  • People v. Oyola
    • United States
    • New York Court of Appeals Court of Appeals
    • July 8, 1959
    ...a reasonable doubt on the records before the court, which depended upon the testimony of the complaining witness alone (People v. Churgin, 261 N.Y. 661, 185 N.E. 782 (9 years old); People v. Slaughter, 278 N.Y. 479, 15 N.E.2d 70 (15 years old); People v. Derner, 288 N.Y. 599, 42 N.E.2d 605 ......
  • People v. Palladino
    • United States
    • New York County Court
    • December 5, 1962
    ...minors, under twelve, have been reversed by the Court of Appeals (e. g. People v. Derner, 288 N.Y. 599, 42 N.E.2d 605; People v. Churgin, 261 N.Y. 661, 185 N.E. 782; People v. Rosen, 293 N.Y. 683, 56 N.E.2d 297; and People v. Meyers, 309 N.Y. 837, 130 N.E.2d 622), the ground for reversal wa......
  • People v. Gerber
    • United States
    • New York County Court
    • October 6, 1964
    ...N.Y. 683, 56 N.E.2d 297; People v. Derner, 288 N.Y. 599, 42 N.E.2d 605; People v. Slaughter, 278 N.Y. 479, 15 N.E.2d 70; People v. Churgin, 261 N.Y. 661, 185 N.E. 782.' Furthermore we are not overly impressed with the fact that both of these witnesses, aged eight, were sworn. We think the l......
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