Case Detail
CitationPeople v. Reilly, 796 N.Y.S.2d 726 (N.Y. App. Div. 2005)
CrimeSex crimes
Pros. First NameGerald
Pros. Last NameMollen
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the trial court erred in admitting evidence regarding a subsequent incident and the error was not harmless. "Defendant argues that County Court erred in permitting the prosecution to admit evidence regarding a subsequent incident where defendant was found standing on a cinder block peering into a woman's bedroom window a few houses away from the victim's house. . . . Evidence of defendant's peeping incident was relevant only for the improper purposes of lending credibility to the victim's version and indicating a propensity for defendant to engage in voyeurism and sexual misconduct [citations omitted]. Because evidence of this subsequent incident was not highly probative of intent and was extremely prejudicial, it was improperly admitted [citations omitted]. . . . This error was not harmless. . . Considering the conflicting evidence and the jury's acquittal of defendant on the burglary charge, convictions on the other charges was less than certain had this evidence been excluded. . . . Although the prosecutor's improper comments during summation that defendant was a 'sexual predator' would not alone warrant reversal [citations omitted], these comments compounded the error of the improper admission of evidence of the peeping incident. Therefore, a new trial is required."
Determination Year2005
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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