People v. Mackley

Judgment unanimously affirmed. Memorandum: Upon the trial of his indictment for sodomy in the first and second degrees, the jury found defendant guilty of sodomy in the third degree. The court correctly ruled that the mother of the 14-year-old victim could testify that the victim returned home at about 3:15 p.m., only a few minutes after the attack, and told her that defendant had "raped” him, and she observed that her son was trembling and visibly upset (People v Yannucci, 283 NY 546, 550; People v Deitsch, 237 NY 300, 304; People v Page, 162 NY 272, 275-276; People v O’Sullivan, 104 NY 481,…