People v. Shelton

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s claim that the trial court misapplied the “prompt outcry” exception to the hearsay rule when it permitted the complainant’s daughter to testify lacks merit. An outcry of rape is prompt if made “at the first suitable opportunity” (People v O’Sullivan, 104 NY 481, 486 [1887]) and “is a relative concept dependent on the facts” (People v McDaniel, 81 NY2d 10, 17 [1993]). In determining that the complaint here was prompt, the trial court properly considered that the rape occurred late at night, that…