PEOPLE v. GABBIDON


272 A.D.2d 411 (2000)

707 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TENNYSON GABBIDON, Appellant.

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

Decided May 8, 2000.


Ordered that the judgment is modified, on the law, by providing that the term of imprisonment for the defendant's conviction of burglary in the first degree shall run concurrently with the terms of imprisonment for the assault convictions; as so modified, the judgment is affirmed.

Contrary to the defendant's assertion, the statement made by one of the victims at a hospital was properly received in evidence as an excited utterance. There was ample evidence to "`justify...

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