PEOPLE v. McDANIEL


81 N.Y.2d 10 (1993)

The People of the State of New York, Respondent, v. Lucius McDaniel, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1993.


Attorney(s) appearing for the Case

Earle Giovanniello, Brooklyn, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Jay L. Weiner and Jay M. Cohen of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


KAYE, J.

This appeal of a conviction for rape and related crimes centers on two exceptions to the evidentiary rule against use of prior consistent statements to buttress a witness' testimony. We hold that evidence of prompt outcry was admissible but that other pretrial statements by the complainant, introduced by the prosecution to rehabilitate her after impeachment by the defense with prior inconsistent statements...

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