The People of the State of New York, Respondent v. Frank Fratello, Appellant

Summary

The New York Court of Appeals affirmed the conviction of Frank Fratello, holding that the victim's out‑of‑court statements were admissible as excited utterances, that the trial court did not err in refusing expert testimony on night‑vision and bias issues, and that the evidence was sufficient despite the victim's contradictory in‑court testimony. Justice Smith dissented, arguing the evidence was insufficient.