People v. Gross

Carni and Lindley, JJ.

(dissenting). We respectfully dissent. In our view, defendant was deprived of his right to effective assistance of counsel as a result of his trial attorney’s failure to object to inadmissible testimony regarding numerous prior consistent statements made by the victim. One of the prosecution witnesses who offered inadmissible testimony was a pediatrician who examined the victim at the People’s request in October 2008, when the victim was 14 years old and after defendant had been indicted. The pediatrician testified that the victim told her that defendant “anally…