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PEOPLE v. BERNARDEZ

63 A.D.3d 1174 (2009)

881 N.Y.S.2d 316

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR BERNARDEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 30, 2009.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's claim that the County Court erred in admitting certain testimony as evidence of prompt outcry (see People v McDaniel, 81 N.Y.2d 10, 16 [1993]) is without merit. "A witness is allowed to go beyond answering a simple `yes' to the question of whether the...

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