New York Court of Appeals
The People of the State of New York v. Stephen Rice
April 3, 199075 N.Y.2d 929
Summary
The Court of Appeals affirmed the Appellate Division, holding that testimony of the victim’s description of the assailant, as repeated by police officers, was inadmissible under the prompt outcry exception but that the error was harmless and did not require reversal. The Court also affirmed the trial court’s discretion regarding the limitation of height evidence and the denial of a mistrial. Justice Alexander dissented, arguing that the improperly admitted hearsay was not harmless and warranted reversal and a new trial.