People v. Mann

41 A.D.3d 977, 839 N.Y.S.2d 247
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 14, 2007
StatusPublished
Cited by23 cases

This text of 41 A.D.3d 977 (People v. Mann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mann, 41 A.D.3d 977, 839 N.Y.S.2d 247 (N.Y. Ct. App. 2007).

Opinion

Spain, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered July 25, 2005 in Albany County, upon a verdict convicting defendant of the crimes of sexual abuse in the first degree and endangering the welfare of a child.

After he allegedly engaged in sexual contact with his girlfriend’s then 10-year-old daughter, defendant was indicted for two counts of criminal sexual act in the first degree, one count of sexual abuse in the first degree and one count of endangering the welfare of a child. Following a trial, a jury returned a verdict convicting defendant of sexual abuse in the first degree and endangering the welfare of a child. The jury could not reach a verdict on the two counts charging defendant with criminal sexual act in the first degree and, with the People’s consent, Supreme Court dismissed those counts. Defendant was then sentenced as a second violent felony offender to a prison term of seven years for the crime of sexual abuse in the first degree to be served concurrently with a one year jail sentence for endangering the welfare of a child. On defendant’s appeal, we affirm.

We turn to defendant’s arguments which were preserved for appellate review by motion or a timely objection. Prior to trial the People moved to preclude defendant from cross-examining the victim regarding her prior sexual conduct pursuant to CPL 60.42—the Rape Shield Law. In response, defendant made an offer of proof pursuant to CPL 60.42 (5), the interest of justice exception to this law. The offer of proof alleged that the victim had “act[ed]” out sexually on a number of occasions, including one instance involving the victim, her sister and a female cousin which resulted in the family being referred to a juvenile sex offender program. Defendant also sought to introduce evidence that the victim made, but then retracted, an accusation of abuse against a 16-year-old male cousin and that she watched pornography on more than one occasion. After hearing argument, Supreme Court concluded that the proffered evidence had limited probative value that was outweighed by the child’s statutory right to be protected from harassment and the need for confidentiality. The court determined, however, that the child’s observation of pornography was not sexual conduct within the [979]*979meaning of CPL 60.42 and permitted questioning on that issue.

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Bluebook (online)
41 A.D.3d 977, 839 N.Y.S.2d 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mann-nyappdiv-2007.