PEOPLE v. JONES


175 A.D.2d 662 (1991)

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

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

July 12, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant contends that Supreme Court erred in admitting as excited utterances the hearsay statements by decedent to police and medical personnel. We disagree. Decedent made those statements shortly after he had been critically wounded by two gunshots. At that time he was in severe pain and lapsing in and out of consciousness. In his statements he repeatedly expressed shock and astonishment at the events. Given those...

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