People v. Gupton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was convicted following a bench trial of two counts of endangering the welfare of a child (Penal Law § 260.10 [1]). Her sole contention on appeal is that Supreme Court erred in admitting prior consistent statements of the infant victim (see generally, People v McDaniel, 81 NY2d 10, 16; People v McClean, 69 NY2d 426, 428). Although defendant preserved that contention for our review by a timely objection, this was a bench trial, and the Trial Judge is presumed to have considered only competent evidence in reaching the verdict (see, People v…
2Cases cited7 opinions
- People v. McDanielNew York Court of Appeals · 1993
- People v. McCleanNew York Court of Appeals · 1987
- People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. LimpertAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MannAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by2 opinions
- People v. PabonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PabonAppellate Division of the Supreme Court of the State of New York · 2015