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PEOPLE v. ROSARIO

1317, 3424/05

68 A.D.3d 600 (2009)

2009 NY Slip Op 9507

892 N.Y.S.2d 338

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL ROSARIO, Appellant.

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

Decided December 22, 2009.

The trial court improperly admitted into evidence a prior consistent statement by the complainant, thereby allowing the impermissible bolstering of the complainant's testimony (see People v McDaniel, 81 N.Y.2d 10, 16 [1993]; People v McClean, 69 N.Y.2d 426, 428 [1987]; People v Van Ness, 43 A.D.3d 553, 554-555 [2007], lv denied 9 N.Y.3d 965...

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