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

Summary

The Court affirmed the defendant's conviction, holding that the victim's out‑of‑court statements were admissible as excited utterances, that the trial court properly exercised discretion in rejecting expert testimony on night vision and in treating the victim's bias as a weight issue, and that the evidence was sufficient despite the victim's contradictory in‑court testimony. A dissent argued the evidence was insufficient.