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PEOPLE v. RUIZ

235 A.D.2d 280 (1997)

653 N.Y.S.2d 298

The People of the State of New York, Respondent, v. Alberto Ruiz, Appellant

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

January 16, 1997

The trial court correctly determined that the statements made by the surviving victim to his dispatcher and police officers, within 30 minutes after being shot twice and witnessing the fatal shooting of his associate, were excited utterances, as the "surrounding circumstances reasonably justify the conclusion that the remarks were not made under the impetus of studied reflection" (People v Edwards, 47 N.Y.2d 493, 497; People v...

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