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People v. Spencer

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1991
169 A.D.2d 642 (N.Y. App. Div. 1991)

Opinion

January 29, 1991

Appeal from the Supreme Court, Bronx County (Stephen L. Barrett, J.).


Defendant's failure to specifically object to the court's "prompt outcry" charge renders his instant appellate claims respecting the charge unpreserved. In any event, to the extent that defendant challenges the rationale underlying the "prompt outcry" charge, we note that the Court of Appeals has recently addressed such a charge without indicating any retreat from its general viability (see, People v Rice, 75 N.Y.2d 929). Finally, any error with respect to the charge in this case would be harmless in view of the overwhelming evidence of guilt. It suffices to say, in this regard, that defendant was apprehended while on the subway platform as he struggled with the complainant, who was naked from the waist down.

Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.


Summaries of

People v. Spencer

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1991
169 A.D.2d 642 (N.Y. App. Div. 1991)
Case details for

People v. Spencer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEMENT SPENCER…

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

Date published: Jan 29, 1991

Citations

169 A.D.2d 642 (N.Y. App. Div. 1991)