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PEOPLE v. LUDWIG

No. 166

24 N.Y.3d 221 (2014)

21 N.E.3d 1012

997 N.Y.S.2d 351

2014 NY Slip Op 07201

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL A. LUDWIG, Appellant.

Court of Appeals of New York.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Easton Thompson Kasperek Shiffrin LLP, Rochester ( Brian Shiffrin of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Matthew Dunham and Geoffrey Kaeuper of counsel), for respondent.

Judges GRAFFEO, PIGOTT and ABDUS-SALAAM concur; Judge SMITH concurs in result in an opinion; Chief Judge LIPPMAN dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

In this child sexual abuse case, County Court permitted the People to elicit testimony about complainant's prior consistent statements disclosing the abuse, and precluded defendant's mother from testifying about a prior allegedly inconsistent statement made by complainant. We conclude that the trial judge...

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