People v. Bonilla

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BONILLA, Appellant

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

Date published: Jan 6, 1994

200 A.D.2d 369 (N.Y. App. Div. 1994)

606 N.Y.S.2d 201

Opinion

January 6, 1994

Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).

The child victim's statement to her sister one day after the incident was properly admitted as a "prompt outcry", under the circumstances, including the child's age and fear of defendant, who resided in her home (People v. McDaniel, 81 N.Y.2d 10, 17). While the child's later statement to her mother should not have been admitted as a prompt outcry, there is no significant probability that this evidence, or any of the questions to which objections were sustained, influenced the verdict in this nonjury trial (People v. D'Abate, 37 N.Y.2d 922, 923-924).

Concur — Murphy, P.J., Kupferman, Asch and Nardelli, JJ.