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PEOPLE v. VIGILANTE

122 A.D.2d 900 (1986)

The People of the State of New York, Respondent, v. James Vigilante, Appellant

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

August 15, 1986

Judgment affirmed.

The trial court properly permitted a medical technician to testify as to a statement made by the dying victim, immediately after he regained consciousness in the ambulance, in which he identified the defendant as the assailant who had shot him six times. Although the statement was made some 15 to 20 minutes after the shooting (the decedent was unconscious for 13 minutes of this time), the circumstances...

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