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PEOPLE v. ROSARIO

Nos. 155, 156.

17 N.Y.3d 501 (2011)

934 N.Y.S.2d 59

2011 NY Slip Op 7254

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANGEL ROSARIO, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS PARADA, Appellant.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Matthew C. Williams and Richard Nahas of counsel), for appellant in the first above-entitled action.

Law Offices of London & Robin, New York City ( Meredith S. Heller and Ira D. London of counsel), for respondent in the first above-entitled action.

Glenn A. Garber, P.C., New York City ( Glenn A. Garber and Angharad Vaughan of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheila O'Shea and Eleanor J. Ostrow of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Judge READ; Judge SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

READ, J.

The issue for us to decide in these two cases is whether prior consistent statements alleging sexual abuse were properly admitted under the prompt outcry rule or, alternatively in the Rosario case, to rebut a claim of recent fabrication. In both appeals, we affirm the Appellate Division, which concluded that the prior consistent statement was inadmissible in Rosario...

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