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PEOPLE v. LARREA

251 A.D.2d 113 (1998)

674 N.Y.S.2d 39

The People of the State of New York, Respondent, v. Leonardo Larrea, Appellant

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

June 11, 1998

A witness's screamed intention to "get" the perpetrators was not offered for its truth and thus was not hearsay. In any event, this statement was properly received as an excited utterance, since it was clearly made under the stress of excitement caused by the crime (see, People v Cannon, 228 A.D.2d 513, 514).

The court properly exercised its discretion by refusing to declare...

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