¶1Judgment of conviction unanimously affirmed on the law *650and on the facts. Each ease rests on its own facts, and while the proof somewhat parallels that in People v. Hederman (10 A D 2d 684) there are significant distinctions. The testimony of the man who was served while in an intoxicated condition, though offered to bolster defendant’s denials, had the opposite effect. This testimony alone distinguishes the ease, from our prior cited decision. Concur—Valente, J. P., McNally, Stevens, Eager and Steuer, JJ.
15 A.D.2d 649
People v. Meyer
Appellate Division of the Supreme Court of the State of New York
Decided January 25, 1962
Appellate Division of the Supreme Court of the State of New York · decided 1962-01-25
Decided 1962-01-25