New York State Court of Appeals
Statute of Limitations
People v. Quinto
Background: The child at issue in this was 14-years old when she discovered that she was pregnant. Initially she reported that she had been raped by a school classmate, but later retracted the statement, claiming that she lied because she didn’t want her parents to know that she was having sex. Five years later, she told police that she had been sexually assaulted years earlier by her step-grandfather, the defendant. The defendant moved to dismiss the indictment due to statute of limitations grounds. The court agreed finding that the victim had reported the crimes to the police when she first told the police she had been raped by a classmate. On appeal, the Appellate Division reversed finding that her original report had not been related to the defendant’s alleged crimes and, therefore, the statute of limitations did not begin to run until she turned 18.
Ruling: The Court of Appeals affirmed. The defendant argued that her initial report of her allegations when she was 14 placed the police on notice at that time of a potential sex crime against the minor required investigation. The report, the defendant argued, constituted a report encompassing all acts the defendant allegedly committed during this time. The Court of Appeals held that CPL 30.10 (3) (f) refers to “the offense,” not “any offense.”
Anna Pervukhin for the appellant-respondent; Seth Lieberman for the respondent-appellant