The following excerpt is from People v. Scott, 16 N.Y.3d 589, 2011 N.Y. Slip Op. 03647, 925 N.Y.S.2d 384, 949 N.E.2d 475 (N.Y. 2011):
We recognize that, in the interests of justice, evidence of a complainant's sexual conduct may be admissible if it is relevant to a defense ( see generally People v. Jovanovic, 263 A.D.2d 182, 198, 700 N.Y.S.2d 156 [1st Dept.1999] [application of section 60.42(5) to redacted e-mailscontaining evidence to which the Rape Shield Law would have appliedbecause they were highly relevant to establishing the defense] ). In contrast, such evidence must be precluded if it does not tend to establish a defense to the crime because it will only harass the victim and possibly confuse the jurors.
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