People v. Kulakowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: On appeal from his conviction of sodomy in the first degree, defendant alleges numerous grounds for reversal of which we address only two: that the court erroneously admitted the second and third out-of-court statements of the five-year-old victim as spontaneous declarations (defendant does not contest the admission of the victim’s first statement); and that there was insufficient corroboration of the victim’s testimony to support the conviction. The court properly admitted the victim’s second statement as an excited utterance (see, People v Brown,…
2Cases cited9 opinions
- People v. EdwardsNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 1987
- People v. CavinessNew York Court of Appeals · 1975
- People v. PepperNew York Court of Appeals · 1983
- People v. St. JohnAppellate Division of the Supreme Court of the State of New York · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. CorderoAppellate Division of the Supreme Court of the State of New York · 1999
- People v. McGuireAppellate Division of the Supreme Court of the State of New York · 1989
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LykesAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MorseAppellate Division of the Supreme Court of the State of New York · 1991
6 more not listed; retrieve them via the Exa API.