PEOPLE v. EVANS


7 N.Y.2d 1030 (1960)

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

Court of Appeals of the State of New York.

Decided March 31, 1960.


Attorney(s) appearing for the Case

Frank D. O'Connor, District Attorney (Howard D. Stave of counsel), for appellant.

Fred Newman for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and BURKE. Judges FULD, VAN VOORHIS and FOSTER dissent and vote to affirm upon the ground that the testimony offered on behalf of the People is incredible as a matter of law.


Order reversed and a new trial ordered (People v. Lopez, 7 N.Y.2d 825; People v. Liebenthal, 5 N.Y.2d 876

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