151 A.D.2d 981 | N.Y. App. Div. | 1989
Judgment unanimously reversed on the law and new trial granted. Memorandum: On appeal from his conviction of first degree rape, third degree rape, and three counts each of first degree sodomy and third degree sodomy, - defendant contends that the court erroneously precluded him from cross-examining the complainant concerning whether she had made prior false claims of rape, and that the
With respect to defendant’s bolstering argument, we conclude that the testimony of the treating physician relating the victim’s statements concerning the attack was properly admitted. Such statements were relevant to diagnosis and treatment, as the doctor testified. Moreover, the testimony of the complainant and the investigating officer concerning her statements constituted admissible evidence of prompt complaint (see, Richardson, Evidence § 292 [Prince 10th ed]). (Appeal from judgment of Supreme Court, Monroe County, Doyle, J.— rape, first degree, and other charges.) Present — Dillon, P. J., Denman, Green, Pine and Balio, JJ.