Legal Opinion
People v. Gilbert
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 1997PublishedCited by 3 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was convicted following a bench trial of rape in the first degree (Penal Law § 130.35 [1]) and sexual abuse in the first degree (Penal Law § 130.65 [1]). He contends that County Court erred in admitting hearsay evidence in the nature of prompt complaint testimony and in allowing the testimony of a New York State Trooper that defendant declined to give a written statement. In a bench trial, the court is presumed to have "considered only competent evidence in reaching its verdict” (People v Howard, 209 AD2d 1014, affd 87 NY2d 940; see, People…
2Cases cited6 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. HowardNew York Court of Appeals · 1996
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MannAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. LoMaglioAppellate Division of the Supreme Court of the State of New York · 2015
- LOMAGLIO, MATTHEW L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- People v. LoMaglioAppellate Division of the Supreme Court of the State of New York · 2015