PEOPLE v. ACKLIN


102 Misc.2d 596 (1980)

The People of the State of New York, Plaintiff, v. Charles Acklin and Herman Freshley, Defendants.

Supreme Court, Trial Term, New York County.

January 16, 1980.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Lewis G. Schwartz of counsel), for plaintiff. Kevin McKeon for Charles Acklin, defendant. Leon B. Polsky and Sarah Jones for Herman Freshley, defendant.


SHELDON S. LEVY, J.

In a criminal prosecution for robbery, can a school psychologist, on the People's case, give evidence concerning the mental and physical infirmities of the complaining witness, who has been found competent to testify? The answer to this question, and its encompassment of the novel doctrine of "the interested observer," is one of first impression.

The charge is that on Monday, March...

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