PEOPLE v. JOHNSON


299 A.D.2d 213 (2002)

749 N.Y.S.2d 140

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

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

Decided November 14, 2002.


The victim's statements to the police shortly after he had been stabbed in the eye twice by defendant, and his further statements made in the hospital emergency room an hour later, in response to police questioning, were properly admitted as excited utterances. The evidence clearly established that all of the victim's statements were made while he was still under the influence of the stress caused by his serious injuries (see People v Brown, 70 N.Y...

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