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THE PEOPLE, ETC., respondent, v. RALSTON CLARKE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court correctly admitted the hearsay testimony regarding the child victim's accusation as evidence of a prompt outcry ( see People v. McDaniel, 81 N.Y.2d 10, 16-17; People v. Vanterpool, 214 A.D.2d 429, 430; People v. Kornowski, 178 A.D.2d 984).

The defendant does not persuade this court that, under the circumstances of this case, any errors applicable to the counts of which he was acquitted, which involved an alleged victim other than the victim at issue on this appeal, had a prejudicial spillover effect influencing his convictions ( see People v. Baghai-Kermani, 84 N.Y.2d 525, 531-532).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.

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PEOPLE v. CLARKE
(May 3, 2004)