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PEOPLE v. SHELTON

1 N.Y.3d 614 (2004)

808 N.E.2d 1268

777 N.Y.S.2d 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON SHELTON, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2004.

Attorney(s) appearing for the Case

William G. Kastin, New York City, and Lynn W.L. Fahey, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's claim that the trial court misapplied the "prompt outcry" exception to the hearsay rule when it permitted the complainant's daughter to testify lacks merit. An outcry of rape is prompt if made "at the first suitable opportunity" (People v O'Sullivan, 104 N.Y. 481, 486 [1887]) and "is a relative concept dependent on the facts" (People v McDaniel...

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