PEOPLE v. SMITH


289 A.D.2d 960 (2001)

737 N.Y.S.2d 710

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL SMITH, Appellant.

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

Decided December 21, 2001.


Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court erred in permitting two witnesses to testify with respect to statements that the victim made to them in the week preceding the murder. The first witness was permitted to testify over objection that the victim had told her that he had "some demons on his back that he was trying...

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