Court of Appeals of New York

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People v. Shaulov, 43

Conviction of defendant for rape in the third degree, criminal sex act in the third degree, sexual abuse in the third degree, and endangering the welfare of a child is reversed, where: 1) the trial court abused its discretion when it denied defense counsel's motion for a mistrial or to strike a portion of complainant's testimony; 2) although complainant's testimony may have been relevant, relevancy alone does not render evidence admissible because its probative value may be outweighed by the danger that its admission would unfairly surprise a party or create a substantial danger of undue prejudice; 3) the surprise testimony here eviscerated defense counsel's credibility with the jury and irreparably undermined his trial strategy, and the resulting prejudice was thus substantial; and 4) the trial court therefore abused its discretion by denying defendant a remedy for the unfair and prejudicial surprise.

Appellate Information

  • Decided 03/31/2015
  • Published 03/31/2015


  • Stein


  • Court of Appeals of New York


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