PEOPLE v. FIELDS


279 A.D.2d 405 (2001)

720 N.Y.S.2d 63

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

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

Decided January 25, 2001.


The court correctly applied the Rape Shield Law (CPL 60.42) to preclude evidence of the victim's sexual conduct with a man other than defendant earlier on the night of the crime, at a different location. Defendant's contention that the intoxicated victim could have confused defendant's conduct with what went on in the earlier incident was nothing more than speculation. Therefore, the "relevant and admissible in the interests of justice" exception to the Rape Shield Law (CPL...

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