People v. Racciatti

There was ample evidence to justify the jury in finding the defendant guilty of robbery in the third degree.

The witness Snyder, called by the People, was permitted to testify, over the objection of the defendant, to certain statements made by the complaining witness out of court and in the absence of the defendant. Under ordinary circumstances this would constitute error.

We think, however, that this evidence comes within the well-recognized exception to the general rule that when the testimony of a witness is assailed as a recent fabrication it may be corroborated by evidence of declarations…