PEOPLE v. SHELTON

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's claim that the trial court misapplied the "prompt outcry" exception to the hearsay rule when it permitted the complainant's daughter to testify lacks merit. An outcry of rape is prompt if made "at the first suitable opportunity," ( People v. O'Sullivan, 104 N.Y. 481, 486) and "is a relative concept dependent on the facts" ( People v. McDaniel, 81 N.Y.2d 10, 17). In determining that the complaint here was prompt, the trial court properly considered that the rape occurred late at night, that defendant warned complainant not to tell anyone, and that defendant lived in the same apartment building as the 81-year-old complainant.

Defendant's preserved objections to the prosecutor's summation do not merit reversal of the conviction.

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.