[DOWNLOAD] "People State New York v. David Parks" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. David Parks
• Author : Court of Appeals of New York
• Release Date : January 16, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

[41 N.Y.2d 36 Page 37] Appellant David Parks was found guilty by a jury of the crimes of rape in the third degree and endangering the welfare of a child. The Appellate Division affirmed the judgment of conviction, without opinion. On appeal to our court, appellant argues that the petit jury which convicted him was unconstitutionally selected and that the trial court erred in permitting the mentally retarded complainant to testify under oath. An important corollary issue is whether, in assessing the complainant's testimony, the jury was properly permitted to consider the testimony of her school teacher as to the nature and degree of her mental impairment. We conclude that, under the circumstances presented, the right to trial by jury was not infringed and that acceptance of both complainant's testimony, and that of her teacher, was not an abuse of discretion. We would, therefore, affirm the order of the Appellate Division.

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