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PEOPLE v. LUKE

8 A.D.3d 203 (2004)

779 N.Y.S.2d 194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENZIL LUKE, Appellant.

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

June 29, 2004.

The court properly admitted the testifying victim's statement to a social worker as an excited utterance (see People v Johnson, 1 N.Y.3d 302 [2003]). The evidence established that the distraught victim, described by a witness as hysterical, was still under the stress of the brutal beating that defendant had inflicted a short time before.

The court properly refused to submit assault in the third degree as a lesser included...

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