PEOPLE v. FELDER


37 N.Y.2d 779 (1975)

The People of the State of New York, Respondent, v. Leonard Felder, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Alfred P. Kremer for appellant.

Jack B. Lazarus, District Attorney (Christopher J. Enos of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur in memorandum; Judge COOKE concurs in a separate opinion in which Judge WACHTLER concurs.


MEMORANDUM.

While we would affirm the order of the Appellate Division, we disagree with the view taken by the majority of that court that certain testimony was hearsay.

The testimony given by Brunson, the victim of this assault and attempted robbery, to the effect that a bystander stated, when the defendant approached Brunson, that "this Joe is going to take your money" was not hearsay. The testimony was offered not...

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