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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT LEVY, Appellant.

Judgment of the Court of Special Sessions of the City of New York, Borough of Queens [County of Queens], convicting defendant of the crime of endangering the morals of a minor in violation of section 483 of the Penal Law (Cons. Laws, ch. 40), reversed on the law and the facts, the information dismissed, and the bail exonerated. Although a conviction for an offense upon the sworn testimony of a child under the age of twelve years, unsupported by other evidence, is not prohibited by section 392 of the Code of Criminal Procedure, we are of the opinion that the evidence here did not warrant the conviction of the defendant. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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PEOPLE v. LEVY
(Oct 26, 1942)