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PEOPLE v. MATHEWS

Ind. No. 2869/15. Appeal No. 12587. Case No. 2018-1188.

189 A.D.3d 507 (2020)

133 N.Y.S.3d 790

2020 NY Slip Op 07465

The People of the State of New York, Respondent, v. Jonathan Mathews, Appellant.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Jose David Rodriguez Gonzalez of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Emily A. Aldridge of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

The trial court properly admitted the text exchange between the victim and her friend pursuant to the prompt outcry exception to the principle that "[a] witness'[s] trial testimony ordinarily may not be bolstered with pretrial statements" (People v McDaniel, 81 N.Y.2d 10, 16 [1993] [citations omitted]). These text messages which occurred just after the sexual assault, while acknowledging that a sexual act had occurred did

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