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PEOPLE v. POTTER

1 Misc.3d 495 (2003)

765 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BOBBIE G. POTTER, SR, Defendant.

County Court, Ulster County.

September 29, 2003.

Attorney(s) appearing for the Case

Miller, Weiner & Associates, P.C., Kingston (Cappy Weiner of counsel), for defendant.

Donald A. Williams, District Attorney, Kingston (Emmanuel C. Nneji of counsel), for plaintiff.

OPINION OF THE COURT

FRANK J. LaBUDA, J.

This matter comes on by letter/motion of defendant that statements made by the alleged victim, three-year-old Samantha Doe, to her mother directly after the alleged sexual abuse are hearsay and inadmissible.

The prosecution is prepared, does not intend on calling the child as an unsworn witness, but will use the mother's testimony of the child's "recent complaint...

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