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PEOPLE v. JOHNSON

1 N.Y.3d 302 (2003)

804 N.E.2d 402

772 N.Y.S.2d 238

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

Court of Appeals of the State of New York.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Laura Lieberman Cohen, Andrew C. Fine and Laura R. Johnson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Walter J. Storey and Susan Axelrod of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge KAYE; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant appeals his convictions of assault in the first degree and resisting arrest, asserting that an out-of-court, hearsay statement made by the victim of the assault was improperly admitted at trial as an excited utterance. The Appellate Division affirmed. Because we conclude that the trial court's error was harmless beyond a reasonable doubt, we also affirm.

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