Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2001PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of two counts each of rape in the first degree (Penal Law § 130.35 [1]) and *958incest (Penal Law § 255.25). We reject defendant’s contention that Supreme Court abused its discretion in precluding cross-examination of the complainant concerning a prior allegation of sexual abuse against her father. “[E]vidence of a victim’s prior complaint of a sex crime does not come within the proscriptive scope of CPL 60.42; therefore, its ‘admissibility rests within the discretion of the trial…
2Cases cited6 opinions
- People v. MandelNew York Court of Appeals · 1979
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. GozdalskiAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BranchAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HamelAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. RileyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2005
- People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RileyAppellate Division of the Supreme Court of the State of New York · 2014
- RILEY, ADRIAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014