Legal Opinion

People v. Boatwright

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 2002PublishedCited by 16 opinions

1Opinion of the Court

Defendant’s present challenge to testimony by the victim’s mother, in which she stated that the victim had told her of certain threats made by defendant against her and her family, is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that this testimony was not admitted for its truth, but was properly admitted to explain the witness’s state of mind when she told the police she did not wish to go forward with the charges (see People v Starostin, 265 AD2d 267, 268, Iv denied 94 NY2d 885; see also People v Ealey, 272 AD2d 269, 270, Iv…

2Cases cited8 opinions

  1. Tennessee v. StreetSupreme Court of the United States · 1985
  2. People v. O'RamaNew York Court of Appeals · 1991
  3. People v. ReynosoNew York Court of Appeals · 1988
  4. People v. EaleyAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. McBrideAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by16 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. SuarezAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. DriverAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. HammAppellate Division of the Supreme Court of the State of New York · 2007
  5. Ogundipe v. StateCourt of Appeals of Maryland · 2011

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