People v. Hughes

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

In People v Hughes1 (59 NY2d 523) we affirmed the reversal of defendant’s convictions for first degree rape and second degree assault because the trial court had improperly permitted the jury to consider the victim’s testimony concerning recollections which had been induced by hypnosis. We held that, on defendant’s retrial, the victim could be permitted to testify to facts recalled prior to her hypnosis if the prosecution demonstrated by clear and convincing proof that the victim’s prehypnotic recollections…