PEOPLE v. JOHNSON


280 A.D.2d 613 (2001)

721 N.Y.S.2d 88

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY JOHNSON, Appellant.

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

Decided February 20, 2001.


Ordered that the judgment is affirmed.

Seconds before seeing the defendant holding the victim down on a bed, his hands near her throat and her head pushed up against the wall, the victim's sister heard her say, "Larry, get off of me. I can't breathe." Under these circumstances, the court properly admitted testimony by the victim's sister as to the victim's statement as a present sense impression exception to the hearsay rule. The statement was spontaneous and contemporaneous...

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