People v. Lay

Defendant was convicted, in the County Court of Queens county, of assault in the second degree under an indictment charging him with shooting a woman with a loaded pistol with intent to kill; sentence indeterminate, maximum, five years; minimum, two years and six months.

The conviction was based upon a confession of defendant and the relevant testimony of a physician who, upon examination and treatment of the woman, found a bullet wound in her body and extracted the bullet. It is claimed that the testimony of the doctor was inadmissible under section 352 of the Civil Practice Act, applied to…