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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]