PEOPLE v. TREAT


167 A.D.2d 110 (1990)

The People of the State of New York, Respondent, v. Lorence Treat, Appellant

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

November 1, 1990


On appeal from his conviction for causing his friend's death by dousing him with scalding water mixed with vinegar, salt and pepper, defendant contends that the victim's statements to the police were neither excited utterances nor dying declarations. The evidence at trial showed that the victim ran to the hospital emergency room screaming that he was burning. About ten minutes later, the police arrived and the victim told them that "Larry" (the defendant) had thrown "some...

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