PEOPLE v. BROWN


125 A.D.2d 320 (1986)

The People of the State of New York, Respondent, v. Carlton Brown, Appellant

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

December 1, 1986


Ordered that the judgment is affirmed.

The hearing court properly determined that both the statements made by the dying victim to his mother and uncle within four minutes of having been shot three times and those made to a police officer at the hospital within 30 minutes of the incident, which implicated the defendant in the shooting, were admissible as spontaneous declarations or excited utterances. The circumstances surrounding the victim's declarations reasonably...

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