People v. Hollaway

Judgment unanimously affirmed. Memorandum: Defendant appeals his conviction of first degree sexual abuse and first degree sodomy of a nine-year-old child on or about April 20, 1983. He claims that the court erred in allowing the child to testify that on April 25, 1983 she told a nurse at Highland Hospital that defendant had "messed with her”. We agree. This prior consistent statement was made approximately five days after the alleged sexual crime and, therefore, it is not admissible as evidence of a timely complaint (cf., People v Scott, 124 AD2d 974, lv denied 69 NY2d 717; People v…