PEOPLE v. GARCIA


189 A.D.2d 587 (1993)

The People of the State of New York, Respondent, v. Roberto Garcia, Appellant

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

January 7, 1993


Defendant and a codefendant were jointly indicted and tried for the intentional murder of Hardy Holmes, with the codefendant waiving a jury trial. The trial court acquitted the codefendant and the jury returned a verdict of guilty of manslaughter in the first degree as against defendant.

We reject defendant's contention that Holmes' statement to his mother at the hospital identifying defendant as the assailant was improperly admitted as an excited utterance, several...

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