People v. Cheatham

Spatt, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: The defendant contends that his conviction should be reversed and the indictment dismissed on the ground that his protestations of innocence and alleged inconsistencies in the testimony of the complaining witnesses rendered the evidence legally insufficient. Alternatively, the defendant argues that the verdict should be set aside as against the weight of the evidence. I find, however, that the sworn testimony of the 12-year-old victim of this crime, who was 10 years old at the time of the crime,…