People v. Peacock

Appellate Division of the Supreme Court of New York

People v. Peacock

70 A.D.2d 781, 417 N.Y.S.2d 339, 1979 N.Y. App. Div. LEXIS 12287

Appellate Division of the Supreme Court of the State of New York·Decided May 22, 1979·Published·Cited by 1 cases

Opinion

— Judgment unanimously affirmed. Memorandum: During the trial two .prosecution witnesses were permitted, over objection, to testify concerning an out-of-court statement made by the complainant in which she identified the defendant as the man who had raped her. Absent a claim of recent fabrication such testimony improperly bolsters the complainant’s credibility and is inadmissible (People v Wooden, 66 AD2d 1004). However, in light of the strong evidence of guilt, including defendant’s confession, we find the error to be harmless (People v Crimmins, 36 NY2d 230). (Appeal from judgment of Monroe Supreme Court — rape, first degree.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan, and Moule, JJ.

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— Judgment unanimously affirmed. Memorandum: During the trial two .prosecution witnesses were permitted, over objection, to testify concerning an out-of-court statement made by the complainant in which she identified the defendant as the man who had raped her. Absent a claim of recent fabrication such testimony improperly bolsters the complainant’s credibility and is inadmissible (People v Wooden, 66 AD2d 1004). However, in light of the strong evidence of guilt, including defendant’s confession, we find the error to be harmless (People v Crimmins, 36 NY2d 230). (Appeal from judgment of Monroe Supreme Court — rape, first degree.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan, and Moule, JJ.

People v. Peacock, 70 A.D.2d 781, 417 N.Y.S.2d 339, 1979 N.Y. App. Div. LEXIS 12287 (N.Y. Ct. App. 1979).

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Opinion

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