Legal Opinion

The People v. Sergio Cerda

New York Court of Appeals

Decided October 19, 2023No. 69Published

1Opinion of the Court

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 69 The People &c., Respondent, v. Sergio Cerda, Appellant. Donna Aldea, for appellant. Donald Berk, for respondent. LYNCH, J.: On this appeal, the Court is tasked with determining whether the trial court erred in applying New York’s Rape Shield Law (see CPL 60.42) to exclude forensic evidence proffered by defendant to demonstrate that someone else caused the complainant’s injuries. We answer that question in the affirmative and conclude that, under the…

2Cases cited25 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Crane v. KentuckySupreme Court of the United States · 1986
  3. Taylor v. IllinoisSupreme Court of the United States · 1988
  4. Holmes v. South CarolinaSupreme Court of the United States · 2006
  5. Montana v. EgelhoffSupreme Court of the United States · 1996

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