Legal Opinion

People v. Pruitt

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

Decided October 2, 2012PublishedCited by 1 opinion

1Opinion of the Court

Defendant failed to preserve, or affirmatively waived, each of his challenges to the hearing and trial court’s evidentiary and Sandoval rulings, and his related claims regarding the absence of limiting instructions, and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits, with the following exceptions. While the court properly admitted testimony by two witnesses under the prompt outcry exception to the hearsay rule (see People v Parada, 67 AD3d 581, 582 [1st Dept 2009], affd 17 NY3d 501 [2011]), we find that the victim’s statement…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. RiveraNew York Court of Appeals · 1988
  5. People v. TaylorNew York Court of Appeals · 2003

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3Cited by1 opinion

  1. People v. CabanAppellate Division of the Supreme Court of the State of New York · 2015

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