People v. Seiver

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 16, 1991, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

It was error to admit, over objection, testimony by the victim’s teacher, that a diary, kept by the victim and given to the teacher, had an entry that the victim was sexually abused by her father. Although witnesses who have heard a victim complain…