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PEOPLE v. SMITH

No. 226

22 N.Y.3d 462 (2013)

5 N.E.3d 972

982 N.Y.S.2d 809

2013 NY Slip Op 8371

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TORREL SMITH, Appellant.

Court of Appeals of New York.

Decided December 17, 2013.

Attorney(s) appearing for the Case

The Legal Aid Society of Westchester County, White Plains ( Salvatore A. Gaetani and John F. Ryan of counsel), for appellant.

Janet DiFiore , District Attorney, White Plains ( Maria I. Wager , Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

OPINION OF THE COURT

SMITH, J.

We held in People v Huertas (75 N.Y.2d 487 [1990]) that a crime victim could testify to her own description of her attacker, given to the police shortly after the crime. We now hold that a police officer's testimony to a victim's description, where it does not tend to mislead the jury, may also be admissible under the Huertas rule.

I

Defendant was convicted...

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