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PEOPLE v. GRIPALDI

243 A.D.2d 326 (1997)

663 N.Y.S.2d 536

The People of the State of New York, Respondent, v. Peter Victor Gripaldi, Appellant

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

October 16, 1997

A statement regarding the shooting made by a witness thereto virtually simultaneously with the end of an exchange of gunfire between defendant and the complainant, during which the witness was in the line of fire and attempting to halt the encounter, was properly admitted under the excited utterance exception to the hearsay rule (People v Caviness, 38 N.Y.2d 227).

Defendant's current...

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