The court properly admitted the victim's girlfriend's telephoned statement to the victim's sister, identifying defendant as the assailant, under the excited utterance exception to the hearsay rule. This declaration, made within minutes of the stabbing by a crying, screaming declarant, was clearly made under the continuing stress and excitement caused by the startling event, and was not made under the impetus of studied reflection (see People v Brown,
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PEOPLE v. RIVERA
8 A.D.3d 53 (2004)
777 N.Y.S.2d 28
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RIVERA, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 8, 2004.
June 8, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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