PEOPLE v. NIEVES


108 A.D.2d 165 (1985)

The People of the State of New York, Respondent, v. Angel Nieves, Defendant-Appellant

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

May 2, 1985


Attorney(s) appearing for the Case

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

Lisa E. Sarnoff of counsel (Mark L. Freyberg with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

SULLIVAN and BLOOM, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., concurs in a separate opinion.


SANDLER, J.

On this appeal from defendant's conviction of manslaughter in the second degree, the central issue is presented by the contention that the trial court erroneously admitted into evidence statements of the deceased identifying the defendant as having stabbed her, statements made in a hospital to which the deceased had been brought after the stabbing, and during a brief lucid period between her arrival...

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