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People v. Gines

335 N.E.2d 850, 36 N.Y.2d 932, 373 N.Y.S.2d 543, 1975 N.Y. LEXIS 2024
CourtNew York Court of Appeals
DecidedJune 11, 1975
StatusPublished
Cited by101 cases

This text of 335 N.E.2d 850 (People v. Gines) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Gines, 335 N.E.2d 850, 36 N.Y.2d 932, 373 N.Y.S.2d 543, 1975 N.Y. LEXIS 2024 (N.Y. 1975).

Opinions

Memorandum. The order of the Appellate Division should be affirmed. After accosting the complainant in the hallway on the fourth floor of her apartment house, defendant dragged her at knife point to the roof where he proceeded to rob her. Over objection to the entire line of questioning, the complainant was then allowed to testify further that defendant had raped her incident to and immediately following the robbery. Such testimony was admissible to complete the narrative of [933]*933the episode and to establish the complainant’s opportunity to identify defendant as her assailant (People v Acevedo, 32 NY2d 941).

Additionally, if as the dissent contends, the complainant’s testimony here was amplified with lurid particularity concerning the details of the rape to an extent that may have exceeded normal bounds for legitimate purposes of narrative and identification, the issue is not preserved for our review. The only objection was made at the outset and then to any testimony at all with respect to the rape. No objection was made, separate and apart therefrom, that the prosecutor was eliciting inadmissible detail in his interrogation of the witness.

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Bluebook (online)
335 N.E.2d 850, 36 N.Y.2d 932, 373 N.Y.S.2d 543, 1975 N.Y. LEXIS 2024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gines-ny-1975.