People v. Shelton
| Decision Date | 19 February 2004 |
| Citation | 1 N.Y.3d 614,808 N.E.2d 1268,777 N.Y.S.2d 9 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON SHELTON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
William G. Kastin, New York City, and Lynn W.L. Fahey, for appellant.
Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan of counsel), for respondent.
The order of the Appellate Division should be affirmed.
Defendant's claim that the trial court misapplied the "prompt outcry" exception to the hearsay rule when it permitted the complainant's daughter to testify lacks merit. An outcry of rape is prompt if made "at the first suitable opportunity" (People v O'Sullivan, 104 NY 481, 486 [1887]) and "is a relative concept dependent on the facts" (People v McDaniel, 81 NY2d 10, 17 [1993]). In determining that the complaint here was prompt, the trial court properly considered that the rape occurred late at night, that defendant warned complainant not to tell anyone, and that defendant lived in the same apartment building as the 81-year-old complainant.
Defendant's preserved objections to the prosecutor's summation do not merit reversal of the conviction.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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...in close proximity to the time of the event as coming within the “prompt outcry” exception to the hearsay rule. People v. Shelton , 1 N.Y.3d 614, 777 N.Y.S.2d 9 (2004). Testimony by victim’s daughter regarding her mother’s complaint of rape satisied the requirement of promptness where 81-ye......
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Hearsay
...in close proximity to the time of the event as coming within the “prompt outcry” exception to the hearsay rule. People v. Shelton , 1 N.Y.3d 614, 777 N.Y.S.2d 9 (2004). Testimony by victim’s daughter regarding her mother’s complaint of rape satisied the requirement of promptness where 81-ye......
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Hearsay
...in close proximity to the time of the event as coming within the “prompt outcry” exception to the hearsay rule. People v. Shelton , 1 N.Y.3d 614, 777 N.Y.S.2d 9 (2004). Testimony by victim’s daughter regarding her mother’s complaint of rape satisfied the requirement of promptness where 81-y......