PEOPLE v. BARRIENTO


5 A.D.3d 220 (2004)

772 N.Y.S.2d 824

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BARRIENTO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 2004.


We conclude that under the circumstances presented, the report made by the younger of the two victims was too long after the events to qualify for admission under the "prompt outcry" exception to the hearsay rule. However, we find the error to be harmless (see People v Leon, 209 A.D.2d 342 [1994], lv denied 84 N.Y.2d 1034 [1995]).

The court properly sustained the People's objection to a question defendant asked on...

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