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PEOPLE v. MUNGO

287 A.D.2d 523 (2001)

731 N.Y.S.2d 632

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS MUNGO, Appellant.

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

Decided October 9, 2001.

Ordered that the judgment is affirmed.

The trial court properly admitted the statements made by the decedent naming the defendant as his assailant under the excited utterance exception to the hearsay rule (see, People v Fratello, 92 N.Y.2d 565, cert denied 526 U.S. 1068; People v Brown, 70 N.Y.2d 513, 522; People v Edwards, 47 N.Y.2d 493...

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