PEOPLE v. BROWN


70 N.Y.2d 513 (1987)

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

Court of Appeals of the State of New York.

Decided November 19, 1987.


Attorney(s) appearing for the Case

Stuart Birbach for appellant.

Elizabeth Holtzman, District Attorney (Steven H. Kessler and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

In his appeal from a conviction for second degree murder, defendant's chief contention is that the trial court committed reversible error in admitting testimony of several incriminating statements of the victim as excited utterances. Errol O'Neil was shot at approximately 2:00 P.M. on October 2, 1981 following an argument in the basement apartment of a two-family dwelling in Brooklyn where he...

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