People v. Rice, 75 N.Y.2d 929 (1990)

While evidence of a prompt outcry by a sexual assault victim is admissible to rebut an adverse inference of fabrication, the testimony should be limited to the fact that a complaint was made and should not include the details of the incident.

Summary

The New York Court of Appeals addressed the admissibility of testimony regarding a rape victim’s description of her assailant given to police shortly after the attack. The court held that while prompt outcry evidence is admissible to show that a complaint was made, detailed testimony about the incident and description of the perpetrator exceeds the scope of this exception to the hearsay rule. However, the court found that the erroneous admission of such details did not warrant reversal in this specific case due to the overwhelming evidence of the defendant’s guilt, including a strong identification and the defendant’s possession of the victim’s identified items.

Facts

The complainant was approached from behind by the defendant, who threatened and raped her. During the 20-25 minute incident, the complainant focused on the defendant. After the rape, the defendant waited for the complainant and spoke to her before fleeing with a blue-green knapsack containing a manila envelope. The complainant reported the rape to police, providing a detailed description of the assailant and the knapsack. Two weeks later, she identified the defendant in a lineup, who was in possession of the described items. At trial, both the complainant and three police officers testified about the description the complainant provided to police immediately after the rape.

Procedural History

The defendant was convicted of rape. He appealed, arguing that the admission of the complainant’s and police officers’ testimony regarding the description of the perpetrator was inadmissible hearsay and improper bolstering. The Appellate Division affirmed the conviction, and the defendant appealed to the New York Court of Appeals.

Issue(s)

Whether the trial court committed reversible error by admitting testimony from the complainant and police officers regarding the description of the perpetrator given by the complainant to the police immediately after the rape, under the theory of prompt outcry.

Holding

No, because although the admission of detailed description testimony under the prompt outcry exception was erroneous, the error does not warrant reversal given the overwhelming evidence of the defendant’s guilt. The order of the Appellate Division was affirmed.

Court’s Reasoning

The Court of Appeals acknowledged that prompt outcry evidence is admissible as an exception to the hearsay rule to show that a timely complaint was made, thus rebutting any inference of fabrication. However, the court emphasized that this exception is limited to evidence of the complaint itself and does not extend to the details of the incident or the description of the perpetrator. The court stated, “As is apparent from its rationale, the exception permits evidence that a timely complaint was made. It does not allow the further testimony concerning details of the incident that was given here. Such testimony goes beyond the limited purpose of the exception, which is simply to show that a complaint was made.”

Despite finding that the admission of the detailed testimony was erroneous, the court concluded that it did not warrant reversal because of the overwhelming evidence of the defendant’s guilt. This evidence included the complainant’s strong and consistent identification of the defendant, the extended duration of the rape in broad daylight, and the defendant’s possession of the distinctive knapsack and envelope identified by the complainant. The court applied the harmless error standard, finding that there was no significant probability that the erroneously admitted testimony contributed to the jury’s verdict, citing People v. Crimmins, 36 N.Y.2d 230, 242. The court also dismissed other claims of error related to the delayed disclosure of Rosario material and the denial of a mistrial after the destruction of a police tape, finding them either without merit or harmless in light of the overwhelming evidence.