Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentJul 15, 1996
229 A.D.2d 503 (N.Y. App. Div. 1996)
229 A.D.2d 503646 N.Y.S.2d 275

July 15, 1996

Appeal from the Supreme Court, Queens County (Finnegan, J.).

Ordered that the judgment is affirmed.

We reject the defendant's contention that he was denied a fair trial by the admission of testimony by the complainant's mother regarding her daughter's complaint about the sexual abuse incident. Here, the testimony was properly admissible as evidence of the complainant's "prompt outcry" (see, People v. McDaniel, 81 N.Y.2d 10, 16; People v. Rice, 75 N.Y.2d 929; People v. Barrett, 213 A.D.2d 416), and the court correctly instructed the jury that such evidence was offered not for its truth, but only to show that a complaint was made (see, People v. Crimmins, 36 N.Y.2d 230).

The defendant's remaining contentions lack merit. Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.

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