Legal Opinion · Concurrence

People v. Porcaro

New York Court of Appeals

Decided July 8, 1959Published

1Concurrence

Fttld, J. (concurring).

I agree with Judge Vah Voobhis for reversal both in this case and in People v. Oyóla (6 N Y 2d 259), but I would place my decision upon the ground that, as matter of law, no conviction for impairing the morals of a child may validly rest on the uncorroborated testimony of the child victim. Indeed, I have long believed that such was the law. (See, e.g., People v. Meyers, 309 N. Y. 837; People v. Rosen, 293 N. Y. 683; People v. Derner, 288 N. Y. 599; People v. Slaughter, 278 N. Y. 479; People v. Churgin, 261 N. Y. 661.) The need for such a rule is obvious for, as Wigmore…

2Cases cited5 opinions

  1. People v. ChurginNew York Court of Appeals · 1933
  2. People v. SlaughterNew York Court of Appeals · 1938
  3. People v. DernerNew York Court of Appeals · 1942
  4. People v. MeyersNew York Court of Appeals · 1955
  5. People v. RosenNew York Court of Appeals · 1944

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