23 A.D.3d 267 803 N.Y.S.2d 566

The People of the State of New York, Respondent, v Abdoulaye Traore, Appellant.

[803 NYS2d 566]

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered January 7, 2004, convicting defendant, after a jury trial, of three counts of rape in the third degree and three counts of sodomy in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

During his cross-examination of the victim, defendant opened the door to evidence of defendant’s explanation to the victim as to why he had not attended her party (see People v Torre, 42 NY2d 1036 [1977]). The explanation, that he had been driving with friends and had been “stopped,” did not constitute evidence of an uncharged crime (see People v Flores, 210 AD2d 1 [1994], lv denied 84 NY2d 1031 [1995]). Moreover, the nature of the explanation was relevant to a credibility issue that defendant developed during cross-examination.

To the extent that a portion of an officer’s testimony concerning his investigation of the crime could be viewed as lay opinion on the victim’s credibility, we find the error to be harmless (see People v Crimmins, 36 NY2d 230 [1975]).

The challenged portions of the People’s summation consti*268tuted fair comment on the evidence (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). Defendant placed the victim’s credibility at issue throughout the trial, including defendant’s summation, and the People’s responsive arguments did not constitute vouching and were not inflammatory (People v Gonzalez, 298 AD2d 133 [2002], lv denied 99 NY2d 614 [2003]). Concur—Tom, J.P., Marlow, Ellerin, Sweeny and Catterson, JJ.

People v. Traore
23 A.D.3d 267 803 N.Y.S.2d 566

Case Details

Name
People v. Traore
Decision Date
Nov 17, 2005
Citations

23 A.D.3d 267

803 N.Y.S.2d 566

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!