People v. Ludwig

Defendant was indicted on one count of predatory sexual assault against a child for engaging in two or more acts of sexual conduct with the Complainant, who was less than thirteen years old. After a jury trial, Defendant was convicted as charged. Defendant appealed, arguing that he was denied a fair trial by the prosecutor’s references to the Complainant’s prior consistent statements disclosing the abuse and by the trial court’s ruling that Defendant’s mother was precluded from testifying about an allegedly prior inconsistent statement made by the Complainant. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the trial judge did not abuse his discretion when he made these evidentiary rulings, as (1) the challenged testimony was admissible for the nonhearsay purpose of explaining to the jury how and when the sexual abuse came to light; and (2) Defendant’s mother’s proffered testimony was inadmissible hearsay not subject to any exception. View "People v. Ludwig" on Justia Law