PEOPLE v. SOSTRE


70 A.D.2d 40 (1979)

The People of the State of New York, Respondent, v. William Sostre, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 16, 1979


Attorney(s) appearing for the Case

William E. Hellerstein (Robert S. Dean of counsel), for appellant.

Eugene Gold, District Attoney (Wentworth E. Miller of counsel), for respondent.

SUOZZI and COHALAN, JJ., concur with TITONE, J.; HOPKINS, J. P., dissents and votes to reverse the judgment and order a new trial, with an opinion.


TITONE, J.

The principal question raised on appeal is whether, under the circumstances, the on-the-scene statements of the defendant, to the effect that the complainant shot him "for nothing", were properly excluded by the trial court. The answer is in the affirmative. Accordingly the judgment of conviction should be affirmed.

The complainant, Confessor Mattei, testified at the trial that on July 27, 1976...

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