Legal Opinion

People v. Picon

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

Decided May 20, 2010Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered September 18, 2007, convicting defendant, after a jury trial, of attempted criminal sexual act in the first degree *573and two counts of sexual abuse in the first degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

The court properly permitted the People to introduce a recording of the victim’s 911 call, since it was sufficiently prompt under the circumstances to qualify under the prompt outcry exception to the hearsay rule (see People v McDaniel, 81 NY2d 10 [1993]; People v Archbold, 40 AD3d 403…

2Cases cited5 opinions

  1. People v. McDanielNew York Court of Appeals · 1993
  2. People v. MezonNew York Court of Appeals · 1992
  3. In re Jaclyn P.New York Court of Appeals · 1995
  4. People v. VanterpoolAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. ArchboldAppellate Division of the Supreme Court of the State of New York · 2007

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