New York Court of Appeals
In the Matter of State of New York v. John S.
May 8, 201423 N.Y.3d 326
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that hearsay basis testimony about the 1968 indictments satisfied the due‑process reliability test and was properly admitted, that the admission of hearsay about an uncharged 1978 rape was error but harmless, and that the evidence supported the jury’s finding of a mental abnormality. The Court noted that Mental Hygiene Law § 10.08(c) supersedes CPL 160.50, and it rejected the dissent’s argument that the 1968 hearsay was inadmissible. Rivera, J., dissenting, would reverse the decision.