PEOPLE v. TORRES


196 A.D.2d 758 (1993)

601 N.Y.S.2d 919

The People of the State of New York, Respondent, v. Wilfredo Torres, Appellant

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

September 23, 1993


In the circumstances herein, where the victim had been shot twice and lay on a stretcher awaiting transport to the hospital for emergency treatment, the police testimony that the victim (unavailable at the time of trial) called out "That's him" when defendant was brought back to the scene by the police within five minutes of the shooting, was properly admitted as an excited utterance (Matter of Danny R., 50 N.Y.2d 1026, 1028). The...

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