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PEOPLE v. DAWSON

164 A.D.2d 832 (1990)

The People of the State of New York, Respondent, v. Edward Dawson, Appellant

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

August 30, 1990

Even if the challenged statements that defendant discarded a gun and a radio were not admissible under the excited utterance exception to the hearsay rule (see, People v Nieves, 67 N.Y.2d 125, 135), their admission can be deemed harmless in light of the overwhelming evidence of defendant's guilt. Not only was there ample evidence connecting defendant to the stolen radio and the gun used in the robbery, but defendant was identified...

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