PEOPLE v. DAVIS


58 N.Y.2d 1102 (1983)

The People of the State of New York, Appellant, v. Calvin Davis, Also Known as Kevin Dunn, Respondent. The People of the State of New York, Appellant, v. Benjamin Johnson, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1983.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Robin Dolsky and Steven R. Kartagener of counsel), for appellant.

Barry D. Leiwant and William E. Hellerstein for Calvin Davis, respondent.

Ronald D. Degen for Benjamin Johnson, respondent.

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


MEMORANDUM.

The orders of the Appellate Division should be affirmed.

Testimony offered not for the truth of its content but to evidence the fact that the statement was made is not hearsay. Key to the defense offered by defendants was that the victim's wife had shot him when, during a struggle with defendants, the victim had called out to her to "Shoot the bastards." That defendants' version of the events strained...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases