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· 9/30/2015

People v. Pachesa

Citations

  • 50 Misc. 3d 238
  • 17 N.Y.S.3d 624

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding scope of cross- examination is within discretion of trial court, which may limit cross- examination that is confusing or misleading to the jury
  • remarking that the RSL’s purpose is “to prevent a trial from shifting its focus from the culpability of the accused toward the virtue and chastity of the victim.”
  • recognizing exceptions to the Rape Shield Law for “evidence that negates directly the act of intercourse with which a defendant is charged, evidence demonstrating a witness’ bias, or evidence that attacks credibility.” (citation omitted)
  • recognizing exceptions to the Rape Shield Law for “evidence that negates directly the act of intercourse with which a defendant is charged, evidence demonstrating a witness’ bias, or evidence that attacks credibility.” (citation omitted)
  • “[A] trial court’s ruling on the admissibility of a sexual abuse victim’s prior sexual conduct will be reversed only where there has been a clear abuse of discretion.”
  • evidence of victim’s sexual relationship with her uncle was not admissible where: (1) evidence of the relationship was just evidence of a relationship; and (2) appellant-father did not know about victim-daughter’s relationship at the time she reported the sexual abuse to police

Source: CourtListener parenthetical corpus (CC0).

Judges: Statsinger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.