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PEOPLE v. CARROLL

95 N.Y.2d 375 (2000)

740 N.E.2d 1084

718 N.Y.S.2d 10

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN F. CARROLL, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 2000.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany (Michael L. Koenig of counsel), and Robert Rosenthal for appellant.

Kenneth R. Bruno, District Attorney of Rensselaer County, Troy (Bruce E. Knoll of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK and ROSENBLATT concur; Judge LEVINE taking no part.

OPINION OF THE COURT

WESLEY, J.

Defendant was convicted of three counts of rape in the first degree and six counts of sexual abuse in the first degree. Defendant's appeal challenges the legal sufficiency of the proof supporting the rape convictions and several of the trial court's evidentiary rulings, including its refusal to admit into evidence the audiotape of a police-initiated call between defendant and...

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