Legal Opinion
People v. Barnes
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: Upon our review of the record, we conclude that defendant’s conviction was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). We conclude, however, that reversal is mandated because the trial court improperly admitted, over objection, testimony by a hospital emergency room nurse in which she reiterated complainant’s version of events surrounding the rape, which had occurred three days earlier. That evidence constituted inadmissible hearsay…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. WoodenAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by5 opinions
- Deutsche Bank Natl. Trust Co. v. DennisAppellate Division of the Supreme Court of the State of New York · 2020
- Bank of N.Y. Mellon v. GordonAppellate Division of the Supreme Court of the State of New York · 2019
- U.S. Bank Natl. Assn. v. 22 S. Madison, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Federal Natl. Mtge. Assn. v. BrottmanAppellate Division of the Supreme Court of the State of New York · 2019
- JPMorgan Chase Bank, N.A. v. GrennanAppellate Division of the Supreme Court of the State of New York · 2019