People v. Shelton
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Medina v. Gonyea (District Court, E.D. New York 2015)
- People v. Caban (Appellate Division of the Supreme Court of New York 2015)
- People v. Phillips (Appellate Division of the Supreme Court of New York 2007)
- People v. Aller (Appellate Division of the Supreme Court of New York 2006)
- People v. Allen (Appellate Division of the Supreme Court of New York 2004)
- People v. Mekhail (Ayman) (Appellate Terms of the Supreme Court of New York 2025)
- People v. May (Appellate Division of the Supreme Court of New York 2020)
- People v. Mesko (Appellate Division of the Supreme Court of New York 2017)
- People v. Evangelista (Appellate Division of the Supreme Court of New York 2017)
- People v. Roberts (Appellate Division of the Supreme Court of New York 2016)
- People v. Ramirez (Appellate Division of the Supreme Court of New York 2015)
- People v. Hatcher (Appellate Division of the Supreme Court of New York 2015)
- SHINEBARGER, RICHARD E., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Shinebarger (Appellate Division of the Supreme Court of New York 2013)
- People v. Shinebarger (Appellate Division of the Supreme Court of New York 2013)
- People v. Filer (Appellate Division of the Supreme Court of New York 2012)
- People v. Filer (Appellate Division of the Supreme Court of New York 2012)
- People v. Gonzalez (Appellate Division of the Supreme Court of New York 2011)
- People v. World (Appellate Division of the Supreme Court of New York 2011)
- People v. Carfora (Appellate Division of the Supreme Court of New York 2010)
- People v. Verrilli (Appellate Division of the Supreme Court of New York 2010)
- People v. Stearns (Appellate Division of the Supreme Court of New York 2010)
- People v. Bournes (Appellate Division of the Supreme Court of New York 2009)
- People v. Mendoza (Appellate Division of the Supreme Court of New York 2008)
- People v. Stuckey (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant’s claim that the trial court misapplied the “prompt outcry” exception to the hearsay rule when it permitted the complainant’s daughter to testify lacks merit. An outcry of rape is prompt if made “at the first suitable opportunity” (People v O’Sullivan, 104 NY 481, 486 [1887]) and “is a relative concept dependent on the facts” (People v McDaniel, 81 NY2d 10, 17 [1993]). In determining that the complaint here was prompt, the trial court properly considered that the rape occurred late at night, that defendant warned complainant not to tell anyone, and that defendant lived in the same apartment building as the 81-year-old complainant;
Defendant’s preserved objections to the prosecutor’s summation do not merit reversal of the conviction.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.