PEOPLE v. SARRA


283 A.D. 876 (1954)

The People of the State of New York, Respondent, v. Donald Sarra, Appellant The People of the State of New York, Respondent, v. Daniel McCarthy, Appellant The People of the State of New York, Respondent, v. Robert Lee, Appellant

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

April 5, 1954.


Judgment reversed on the law, indictment dismissed as to defendant Lee, and a new trial granted as to defendants Sarra and McCarthy.

The evidence was insufficient to establish the defendant Lee's guilt beyond a reasonable doubt. As to the defendant Sarra, it was improper and prejudicial to permit the prosecutor to bring out, for the purpose of impeachment, that said defendant had been adjudicated a wayward minor, and that such adjudication was based on a complaint...

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