PEOPLE v. SERRANO


40 A.D.2d 789 (1972)

The People of the State of New York, Respondent, v. Jose O. Serrano, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1972


We are in accord with the dissent insofar as it states that the trial court erred in allowing defendant's daughter-in-law to testify to what her children told her. At best, her testimony would be admissible only for the purpose of showing that complaint was made by the victim at the first available opportunity. Her testimony was not so limited. However, we consider the error harmless in view of the over-all proof of guilt. (Code Crim. Pro., § 542.)

Murphy...

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