PEOPLE v. DAVIS

KA 07-02484

67 A.D.3d 1397 (2009)

889 N.Y.S.2d 328

2009 NY Slip Op 08346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALTON DAVIS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). We agree with defendant that Supreme Court erred in permitting the prosecutor to elicit the testimony of a police detective on redirect examination concerning pretrial statements made by the victim that bolstered her trial testimony....

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