Court of Appeals of New York

Conviction of course of sexual conduct against a child in the second degree and endangering the welfare of a child, is reversed and remitted for a new trial, where: 1) it was not an abuse of discretion for the trial court to permit expert testimony regarding the behavior of sexual abusers; but 2) the trial court erred in excluding the proffered testimony of a witness whom complainant had allegedly previously accused of sexual abuse because it went to a material issue of defendant's defense, namely, whether the complainant had a history of making false allegations of sexual abuse by family members, and the error was not harmless.

Appellate Information

• Decided 03/26/2013
• Published 03/26/2013

Judges

• PIGOTT

Court

• Court of Appeals of New York

Counsel