PEOPLE v. NORTON


79 N.Y.2d 808 (1991)

The People of the State of New York, Appellant, v. Patrick Norton, Respondent.

Court of Appeals of the State of New York.

Decided December 23, 1991.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Leonard I. Picker and Norman Barclay of counsel), for appellant.

Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to dismiss in an opinion.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree that the prosecution failed in its burden to establish that the hearsay statements in issue fell within the "excited utterances" exception, by showing that declarant's several statements, beginning some time after a stabbing and continuing through his hospitalization, were made under the influence of the event and stilled his reflective powers...

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