NY Top Court Redefines Rape Shield Law to Ensure Constitutional Defenses, Lawyer Says
Dissenting judges, however, called the high court's ruling a "degradation of the protections afforded" by the law.
November 22, 2023 at 05:40 PM
4 minute read
New York's top court recently redefined the contours of the state's Rape Shield Law to align with a defendant's constitutional right to present a defense, the appellate and post-conviction attorney who argued the case said Wednesday.
In its 5-2 decision, the Court of Appeals ordered a new trial for Sergio Cerda, a Long Island man who had been convicted of first-degree sexual abuse. In the process, the high court brought the law into compliance with the accused's right to due process of law, said Donna Aldea, who heads Barket Epstein Kearon Aldea & LoTurco's appellate and post-conviction litigation unit.
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