In People v. Heil (4th Dept., 2/11/2010), the Fourth Department unanimously reversed the defendant's conviction on the basis that inadmissible hearsay was errantly admitted at trial, thus prejudicing the defendant. The defendant allegedly abused a third-grade student at the elementary school where he was employed as a teacher. After a jury trial, the defendant was convicted of two counts of Sexual Abuse 1º and Endangering the Welfare of a Child.
At issue was the defendant's argument that a portion of his colleague's testimony was improperly admitted as opinion testimony and hearsay. While the court held that the witness's observations were admissible—she noted the lights in the classroom were out and the student-victim was sitting on the defendant-teacher's lap—it agreed with the defendant that the witness's testimony regarding her feelings about her observations constituted inadmissible hearsay. The court reasoned that "[t]he testimony of the teacher with respect to how she felt after leaving defendant's classroom was not relevant, but it may have led the jury to find that, if such a distinguished teacher believed that something was amiss between defendant and the victim, then it was more likely than not the abuse actually occurred."
Because "[t]he evidence against defendant [wa]s not overwhelming and . . . the teacher's testimony [wa]s highly prejudicial," the court further held that the trial court's admission of the disputed testimony was not harmless error. Thus, the court granted a new trial.
The claim in question was unpreserved but the Appellate Division reached the issue in the interest of justice. (JTR/LC)
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