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People v. Barrett

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 416 (N.Y. App. Div. 1995)

Opinion

March 6, 1995

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgment is affirmed.

The defendant's contention that it was error for the court to have permitted into evidence the complainant's out-of-court statements that the defendant raped her is unpreserved for appellate review (see, CPL 470.05; People v. Bacchus, 175 A.D.2d 248; People v. Alston, 163 A.D.2d 398). In any event, the testimony complained of on appeal was properly admitted as evidence of the complainant's "prompt outcry" that she had been raped (see generally, People v. McDaniel, 81 N.Y.2d 10; People v Rice, 75 N.Y.2d 929). Rosenblatt, J.P., Lawrence, Altman and Hart, JJ., concur.


Summaries of

People v. Barrett

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 416 (N.Y. App. Div. 1995)
Case details for

People v. Barrett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC BARRETT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 6, 1995

Citations

213 A.D.2d 416 (N.Y. App. Div. 1995)
624 N.Y.S.2d 879

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