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PEOPLE v. SOSTRE

51 N.Y.2d 958 (1980)

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

Court of Appeals of the State of New York.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Robert S. Dean and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Wentworth E. Miller 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.

We cannot say as a matter of law that defendant should have been permitted to introduce hearsay evidence of certain exculpatory statements he made at the scene of the crime. The trial court refused to receive these statements as "spontaneous" or "excited" utterances, and the Appellate Division agreed with...

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