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MATTER OF STATE v. CHARADA T.

10391, 30164/10, 10391A.

107 A.D.3d 528 (2013)

967 N.Y.S.2d 70

2013 NY Slip Op 4548

In the Matter of STATE OF NEW YORK, Respondent, v. CHARADA T., Appellant.

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

Decided June 18, 2013.

The court erred in permitting the State expert to testify regarding respondent's admission, in a presentence report, that he was in the vicinity when a rape, with which he was never charged, was committed. While this statement was sufficiently reliable to show that respondent was in the vicinity of the rape, it was not reliable for the purpose of showing that he committed the rape (see Matter of State of New York v Floyd Y., 102 A.D.3d 80

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