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Matter of Marco

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 342 (N.Y. App. Div. 1990)

Summary

In Matter of Marco M. (158 AD2d 342), the Court found that the evidence established respondent's commission of the crime of prostitution.

Summary of this case from In Matter of Emani G.

Opinion

February 13, 1990

Appeal from the Family Court, New York County (Leah Marks, J.).


Contrary to appellant's contention, it was proven beyond a reasonable doubt that appellant had offered and agreed to engage in sexual conduct for a fee. The police officer testified that a second individual made the offer and appellant nodded in agreement, that appellant voluntarily entered the unmarked police van with the officer and unequivocally responded to the officer's statement that he wanted "to get laid, but [not] shortchanged" by stating that it was "no problem. You'll have a good time." The officer also testified that he discussed the fee directly with appellant.

Appellant also argues that the court improperly admitted the statements of the second individual, who did not testify, in violation of his right of confrontation. However, as the evidence showed that appellant had adopted the statements in furtherance of the crime, the statements were properly admitted as admissions (Richardson, Evidence § 251 [Prince 10th ed]; Rudolph v Hancock Mut. Life Ins. Co., 251 N.Y. 208).

Concur — Kupferman, J.P., Milonas, Asch, Wallach and Rubin, JJ.


Summaries of

Matter of Marco

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 342 (N.Y. App. Div. 1990)

In Matter of Marco M. (158 AD2d 342), the Court found that the evidence established respondent's commission of the crime of prostitution.

Summary of this case from In Matter of Emani G.
Case details for

Matter of Marco

Case Details

Full title:In the Matter of MARCO M., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Feb 13, 1990

Citations

158 A.D.2d 342 (N.Y. App. Div. 1990)
551 N.Y.S.2d 204

Citing Cases

Pinter v. City of New York

Similarly, in A.M., the court explained that "[w]ords or acts of the defendant which provide a reliable basis…

Pinter v. City of N.Y.

Id. at *4. Id. (citing Matter of Marco M., 551 N.Y.S.2d 204 (1st Dep't 1990)). In a later case, the trial…