People v. Mandel
| Citation | 48 N.Y.2d 952,425 N.Y.S.2d 63,401 N.E.2d 185 |
| Parties | , 401 N.E.2d 185 The PEOPLE of the State of New York, Appellant, v. Gary MANDEL, Michael De Vito and Theodore Buckley, Respondents. |
| Decision Date | 17 December 1979 |
| Court | New York Court of Appeals |
The order of the Appellate Division should be reversed and the conviction of each defendant reinstated.
The Criminal Procedure Law was amended by chapter 230 of the Laws of 1975, effective September 1, 1975, by the addition of a new section 60.42 which significantly restricts the admissibility of evidence of the victim's sexual conduct in sex offense cases. We agree with the unanimous conclusion of the Appellate Division that the new section was applicable in this case in which the trial was commenced on October 21, 1975, after the effective date of the section, although the criminal transaction on which the indictment was based occurred on April 4, 1975, prior to the effective date, and that as so applied, the section is constitutional, for the reasons stated in the opinion of Mr. Justice Frank D. O'Connor at the Appellate Division (61 A.D.2d 563, 403 N.Y.S.2d 63).
We further agree with the Appellate Division that it cannot be concluded as a matter of law that the proof offered in this instance with respect to prior sexual conduct on the part of the victim or evidence to show her reluctance to permit her sexual partners to touch her breasts was such as to entitle defendants to the introduction of such evidence under CPL 60.42 (subd. 5).
Similarly, we concur with all the members of the panel at the Appellate Division that certain determinations made by the trial court in excluding other items of proof tendered on behalf of defendants are not to be set aside as erroneous as a matter of law. The proffered evidence so rejected includes proof of prior alleged false rape complaints made by the victim. There was so sufficient proof offered that the complaints were indeed false and no showing was made that the particulars of the complaints, the circumstances or...
To continue reading
Request your trial
-
US v. Stamper
...426 Mich. 851 (1986); People v. Mandel, 61 A.D.2d 563, 569-71, 403 N.Y.S.2d 63, 68 (1978), rev'd on other grounds, 48 N.Y.2d 952, 401 N.E.2d 185, 425 N.Y.S.2d 63 (1979), cert. denied and appeal dismissed, 446 U.S. 949, 100 S.Ct. 2913, 64 L.Ed.2d 805 (1980); State v. Baron, 58 N.C.App. 150, ......
-
State v. Sullivan
...Nev. 497, 779 P.2d 87 (1989); People v. Mandel, 61 App. Div.2d 563, 403 N.Y.S.2d 63 (1978), rev'd on other grounds, 48 N.Y.2d 952, 401 N.E.2d 185, 425 N.Y.S.2d 63 (1979), cert. denied and appeal dismissed, 446 U.S. 949, 100 S.Ct. 2913, 64 L.Ed.2d 805 (1980); State v. Durham, 74 N.C.App. 159......
-
Grant v. Demskie
...such evidence where there is insufficient basis to believe the prior claim was false. See, e.g., People v. Mandel, 48 N.Y.2d 952, 953-54, 425 N.Y.S.2d 63, 64, 401 N.E.2d 185 (1979), cert. denied & appeal dismissed, 446 U.S. 949, 100 S.Ct. 2913, 64 L.Ed.2d 805 (1980); People v. Benn, 213 A.D......
-
State v. Long
...State v. Hutchinson, 141 Ariz. 583, 688 P.2d 209 (1984); State v. Caswell, 320 N.W.2d 417 (Minn.1982); People v. Mandel, 48 N.Y.2d 952, 425 N.Y.S.2d 63, 401 N.E.2d 185 (1979); Commonwealth v. Bohannon, 376 Mass. 90, 378 N.E.2d 987 (1978); State v. Simbolo, 188 Colo. 49, 532 P.2d 962 (1975);......