People v. Hudy

I agree that County Court erred in admitting the testimony of Domenick M. and in denying the defense an opportunity to call the two investigators who initially interviewed the child victims. Accordingly, I concur in the majority decision to reverse defendant’s convictions on those grounds. I write separately, however, to express my disagreement with the majority’s conclusion that defendant’s conviction was not obtained in violation of the Ex Post Facto Clause. Amended Penal Law §§ 130.16 and 260.11 did more than remove a testimonial disability to the competency of the child witnesses; by…