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PEOPLE v. WONGSHING

245 A.D.2d 120 (1997)

665 N.Y.S.2d 887

The People of the State of New York, Respondent, v. Wilton Wongshing, Appellant

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

December 16, 1997

The court properly permitted the arresting officer to testify about a witness's excited utterance (see, People v Caviness, 38 N.Y.2d 227), because the witness was clearly under the stress of nervous excitement from a startling event. Defendant's challenges to the reliability of the officer's account of the excited utterance are matters affecting its weight and not its admissibility.

Defendant's challenge to the court...

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