Opinion
October 7, 1997
Appeal from Supreme Court, New York County (Franklin Weissberg, J.).
Statements by the victim were properly admitted as prompt outcries since they were made at the first suitable opportunity and because only the fact of a complaint was elicited ( see, People v. McDaniel, 81 N.Y.2d 10). Moreover, the seriatim outcries to two different listeners were admissible since they were both prompt under the circumstances ( see, People v. Fabian, 213 A.D.2d 298, lv denied 85 N.Y.2d 972). We do not perceive any abuse of sentencing discretion. We have considered defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rubin, Tom, Andrias and Colabella, JJ.