People v. Scifo

The défendant was convicted after trial of violation of sections 1140 and 483 of the Penal Law. The case was tried before a panel of three Judges and one of the Judges, Monteleone, J., dissented and voted to acquit. Defendant now moves to set aside the conviction and for arrest of judgment on several grounds, to wit: (1) that an infant witness 11 years of age should not have been sworn; (2) that the guilt of the defendant was not established beyond a reasonable doubt; and (3) that the conviction by two out of three Judges (with one Judge dissenting) violated the defendant’s constitutional…