PEOPLE v. CHAMBERS


165 A.D.2d 738 (1990)

The People of the State of New York, Respondent, v. Alphonso Chambers, Appellant

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

September 18, 1990


Defendant was found guilty of arson for setting fire to the brownstone where he and his family resided on the first two floors. At trial, the court properly determined that the extra-judicial statement made by defendant's son Antonio to the police that, "My father started [a] fire in my house — this way — help", although hearsay, was admissible under the "excited utterance" exception to the hearsay rule. Although Antonio's trial testimony conflicted with the...

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