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PEOPLE v. WIGFALL

253 A.D.2d 80 (1999)

690 N.Y.S.2d 2

The People of the State of New York, Respondent, v. Richard Wigfall, Appellant

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

April 20, 1999

Attorney(s) appearing for the Case

Richard Nahas of counsel (Hilary Hassler on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Arthur H. Hopkirk of counsel (M. Sue Wycoff, Legal Aid Society, attorney), for appellant.

NARDELLI, J. P., WALLACH and RUBIN, JJ., concur.

WILLIAMS, J.

The issue posed by this appeal is whether New York's "rape shield law" (CPL 60.42) is violated by a prosecutor's introduction into evidence of a complainant's testimony concerning her prior sexual history. CPL 60.42 states in relevant part as follows:

"Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense...

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