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People v. Achong

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 485 (N.Y. App. Div. 2008)

Opinion

No. 2007-04735.

November 5, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered April 23, 2007, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Samuel E. Rieff, Garden City, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Cristin N. Connell of counsel), for respondent.

Lifson, J.P., Santucci, Balkin and Belen, JJ.


Ordered that the judgment is affirmed.

We reject the defendant's contention that the prosecutor's use of the word "sex," as well as a witness's reference to forced sex, violated the court's pretrial ruling.

The defendant's contention that the testimony on the issue of prompt outcry exceeded the permissible scope of the exception to the hearsay rule is without merit. "The prosecutor was entitled to elicit the nature of the complaint and the testimony did not exceed the allowable level of detail" ( People v Salazar, 234 AD2d 322, 323; see People v Nelson, 40 AD3d 1126, 1127; People v Coleman, 37 AD3d 846, 847).


Summaries of

People v. Achong

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2008
56 A.D.3d 485 (N.Y. App. Div. 2008)
Case details for

People v. Achong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ACHONG…

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

Date published: Nov 5, 2008

Citations

56 A.D.3d 485 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8500
865 N.Y.S.2d 921