Legal Opinion
People v. McDaniel
New York Court of Appeals
Decided February 25, 1993PublishedCited by 313 opinions
1Opinion of the Court
*13OPINION OF THE COURT
Kaye, J.
This appeal of a conviction for rape and related crimes centers on two exceptions to the evidentiary rule against use of prior consistent statements to buttress a witness’ testimony. We hold that evidence of prompt outcry was admissible but that other pretrial statements by the complainant, introduced by the prosecution to rehabilitate her after impeachment by the defense with prior inconsistent statements, were not. Moreover, on this record, we cannot say the errors were harmless. Accordingly, a new trial is necessary.
I
On February 10, 1989, defendant spent the…
2Cases cited12 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. TaylorNew York Court of Appeals · 1990
- People v. RiceNew York Court of Appeals · 1990
- People v. . O'SullivanNew York Court of Appeals · 1887
- People v. BennettNew York Court of Appeals · 1992
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3Cited by313 opinions
- People v. BuieNew York Court of Appeals · 1995
- Jeffrey Washington v. Sunny Schriver, Superintendent, Wallkill Correctional FacilityCourt of Appeals for the Second Circuit · 2001
- State v. TroupeSupreme Court of Connecticut · 1996
- The People v. Daniel A. LudwigNew York Court of Appeals · 2014
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
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