PEOPLE v. BURGOS


253 A.D.2d 718 (1998)

678 N.Y.S.2d 256

The People of the State of New York, Respondent, v. Andres Burgos, Also Known as Luis Molina, Appellant

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

September 29, 1998


Defendant's contentions that he was deprived of a fair trial by the admission of the complainant's testimony that she sought an order of protection on the day following the sexual assault and by the prosecutor's comment upon this fact in summation have not been preserved for appellate review and we decline to review them in the interest of justice. Were we to review these claims, we would find that the testimony was properly admitted as a "prompt outcry" (People v McDaniel...

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