Wednesday, September 24, 2008

Evidence of ABSENCE of Sexual Activity Barred by CPL 60.42

The Court in People v Bones, 2008 NY Slip Op 03788 [4th Dept 4/25/2008] held that
The court properly determined that CPL 60.42, which concerns the admissibility of evidence of a victim's past sexual activity, also concerns the admissibility of evidence of the absence of sexual activity on the part of the victim (see generally People v Williams, 81 NY2d 303, 311; People v Nemie, 87 Cal App 3d 926, 929).

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