PEOPLE v. WORROL


242 A.D.2d 471 (1997)

662 N.Y.S.2d 310

The People of the State of New York, Respondent, v. Michael Worrol, Appellant

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

September 18, 1997


The court properly admitted the victim's explanation of the stabbing under the excited utterance exception to the hearsay rule. Inasmuch as the victim was seriously injured, collapsed in the middle of the street, was bleeding profusely, could not breathe, was in severe pain, and made the statement minutes after the stabbing, there is little question that she uttered it under the stress of nervous excitement resulting from an injury that prevented any opportunity for deliberation...

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