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People v. Lofton

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 995 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Supreme Court, Monroe County, Mark, J.

Present — Denman, P.J., Pine, Lawton, Wesley and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court improperly allowed the People to bolster the testimony of the complainant by admitting the testimony of a third person on the complainant's "prompt complaint" of rape. The court did not err in allowing that testimony to establish prompt complaint. It did not constitute bolstering (see, People v McDaniel, 81 N.Y.2d 10, 14, 17-18; cf., People v. Taylor, 142 A.D.2d 410, 421, affd 75 N.Y.2d 277). Even if the testimony constituted bolstering, its admission was harmless in light of the overwhelming evidence of defendant's guilt (see, People v Marks, 182 A.D.2d 1122).

We have considered defendant's remaining contentions and conclude that they are without merit.


Summaries of

People v. Lofton

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 995 (N.Y. App. Div. 1994)
Case details for

People v. Lofton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE LOFTON, Appellant

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 995 (N.Y. App. Div. 1994)
617 N.Y.S.2d 102

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