PEOPLE v. CLARK


135 A.D.2d 1097 (1987)

The People of the State of New York, Respondent, v. Benny A. Clark, Appellant

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

December 18, 1987


Judgment unanimously affirmed.

Memorandum:

Defendant, appealing from a judgment convicting him of manslaughter in the first degree, argues that reversible error occurred when the trial court allowed the victim's neighbor to testify that the victim telephoned him about 45 minutes to an hour after she had been beaten, and told him that defendant had attacked her. The trial court ruled that the testimony was admissible as an excited utterance. We agree with defendant...

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