People v. Culler

and votes to reverse the judgment and grant a new trial, with the following memorandum: Defendant’s conviction cannot stand. It is apparent that the jury was not given, as all the parties believed, a case of circumstantial evidence placing defendant at the crime scene, but one transformed into an eyewitness case through the improper admission of rank hearsay identification by the unsworn, speech-impaired seven-year-old victim. Defendant was accused in four counts of the indictment of forcibly committing oral and anal sodomy upon the victim, then six years old, on the roof of a four-story…