Public-domain · open source
OpenJurist

229 A.D.2d 503

People v. Grady

Appellate Division of the Supreme Court of the State of New York · decided 1996-07-15

Decided 1996-07-15

¶1—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered January 3, 1994, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3We 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 NY2d 10,16; People v Rice, 75 NY2d 929; People v Barrett, 213 AD2d 416), and the court correctly instructed the *504jury that such evidence was offered not for its truth, but only to show that a complaint was made (see, People v Crimmins, 36 NY2d 230).

¶4The defendant’s remaining contentions lack merit. Rosenblatt, J. P., Ritter, Pizzuto and Altman, JJ., concur.

/229/ad2d/503 · .json · Public domain