PEOPLE v. BROOKS


71 N.Y.2d 877 (1988)

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

Court of Appeals of the State of New York.

Decided March 31, 1988.


Attorney(s) appearing for the Case

David P. Greenberg and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Seymour Roth of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We do not find error in the admission into evidence of declarant's responses as excited utterances. The record clearly demonstrates that the statements were made before there was "`time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance'" (People v Brown...

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