People v. Hochstim

Gaynor, J.:

It would never do to refuse a certificate of reasonable doubt in this case. Subject to correction, and with the fullest deference to the learning and experience of the learned trial judge, I am unable to see this conviction otherwise than as a most incredible miscarriage of justice. The trial instead of showing this defendant to be guilty of the crime charged against him, seems to me to show him to be guilty of nothing, and instead to reveal the complainant against him as guilty of a criminal *564offense of the most grave and dangerous character to the community. And yet the defendant…