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PEOPLE v. HAMID

209 A.D.2d 716 (1994)

619 N.Y.S.2d 331

The People of the State of New York, Respondent, v. Saleem Abdul Hamid, Formerly Known as Gregory Mescol, Appellant

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

November 28, 1994

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the victim's statements, in which he identified the defendant by name, were excited utterances since they were uttered during the shooting which culminated in the victim's death. Therefore, the trial court properly permitted eyewitnesses to testify to the statements (see, People v Edwards, 47 N.Y.2d 493, 497).

Moreover, the trial...

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