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PEOPLE v. BROWN

295 A.D.2d 442 (2002)

743 N.Y.S.2d 554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STERLING BROWN, Appellant.

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

Decided June 10, 2002.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court correctly permitted testimony regarding statements made by the complainant after being shot, in which he identified the defendant as his assailant, and indicated that the gun found underneath his body belonged to the defendant. The statements were made within minutes after the complainant was shot six times. The circumstances surrounding the making of

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