PEOPLE v. SCOTT

No. 70

16 N.Y.3d 589 (2011)

949 N.E.2d 475

925 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN SCOTT, Appellant.

Court of Appeals of New York.

Decided May 3, 2011.


Attorney(s) appearing for the Case

Paul J. Connolly , Delmar, for appellant.

James A. Murphy, III , District Attorney, Ballston Spa ( Nicholas E. Tishler , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

This appeal requires the Court to resolve whether the trial court erred (1) in precluding evidence of a victim's sexual conduct around the time of the incident pursuant to New York's Rape Shield Law (Criminal Procedure Law § 60.42) and (2) in disqualifying one juror and failing to discharge another.

In March 2007, three eighth-grade girls, K.D., A.B. and R.S., left...

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