Legal Opinion

People v. Gupton

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

Decided March 21, 2001PublishedCited by 2 opinions

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

  1. People v. McDanielNew York Court of Appeals · 1993
  2. People v. McCleanNew York Court of Appeals · 1987
  3. People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. LimpertAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. MannAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by2 opinions

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

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