PEOPLE v. HERRERA-MACHUCA

2018-00967, Ind. No. 356/16.

181 A.D.3d 901 (2020)

119 N.Y.S.3d 886

2020 NY Slip Op 02060

The People of the State of New York, Respondent, v. Marvin Herrera-Machuca, Appellant.

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

Decided March 25, 2020.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the prosecutor improperly elicited hearsay testimony from the complainant that did not fall within the prompt outcry exception to the rule against hearsay (see CPL 470.05[2]), and we decline to reach it in the exercise of our interest of justice jurisdiction. We agree with the Supreme Court's determination to admit the complainant's testimony regarding...

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