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PEOPLE v. O'NEALL

47 N.Y.2d 952 (1979)

The People of the State of New York, Respondent, v. Angelo Luis O'Neall, Also Known as Louis Cabrera, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Erica Horwitz and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Barbara L. Linzer of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The witness was permitted to testify, over objection, that after observing the defendant, his companion and the victim walk past him and engage in a scuffle, he heard a popping noise. The witness further testified that as he approached the victim he heard him say, "I just been shot." "They was trying to...

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