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PEOPLE v. BONILLA

200 A.D.2d 369 (1994)

606 N.Y.S.2d 201

The People of the State of New York, Respondent, v. John Bonilla, Appellant

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

January 6, 1994

The child victim's statement to her sister one day after the incident was properly admitted as a "prompt outcry", under the circumstances, including the child's age and fear of defendant, who resided in her home (People v McDaniel, 81 N.Y.2d 10, 17). While the child's later statement to her mother should not have been admitted as a prompt outcry, there is no significant probability that...

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