People v. Harris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed on the law and new trial granted. Memorandum: The trial court erred when it refused, as a matter of law, to permit examination of the victim concerning two prior claims of rape made by her within one year of the rape alleged in this indictment. Defendant was thus denied any opportunity to demonstrate that the victim’s prior claims were false.
The court erroneously reasoned that examination of the victim on prior claims of rape is proscribed by CPL 60.42. That section provides that evidence of a victim’s sexual conduct shall not be admissible in a case of this…
2Cases cited6 opinions
- People v. CroninNew York Court of Appeals · 1983
- People v. WilliamsNew York Court of Appeals · 1982
- Williams v. AlexanderNew York Court of Appeals · 1955
- People v. MandelNew York Court of Appeals · 1979
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. JovanovicAppellate Division of the Supreme Court of the State of New York · 1999
- People v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1989
- People v. PassengerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2001
- Grant v. DemskieDistrict Court, S.D. New York · 1999
17 more not listed; retrieve them via the Exa API.