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PEOPLE v. CORBIN

284 A.D.2d 408 (2001)

726 N.Y.S.2d 282

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VERE CORBIN, Appellant.

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

Decided June 11, 2001.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly refused to charge the jury concerning dying declarations because the statements at issue were admitted both as dying declarations and excited utterances. Unlike dying declarations, excited utterances do not require special instructions to the jury (see, Letendre v Hartford Acc. & Indem. Co., 21 N.Y.2d 518

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