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PEOPLE v. GIDEON

Ind. No. 3229/17. Appeal No. 14439. Case No. 2018-4580.

203 A.D.3d 519 (2022)

161 N.Y.S.3d 764

2022 NY Slip Op 01746

The People of the State of New York, Respondent, v. Godsent Gideon, Also Known as Gideon Godsent, Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]).

However, the trial court admitted four statements made by the alleged victim following the incident, reasoning that they were admissible both as excited utterances and prompt outcries. This was error. The alleged victim's out-of-court statements

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