PEOPLE v. NIEVES-ANDINO


30 A.D.3d 1137 (2006)

815 N.Y.S.2d 577

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN NIEVES-ANDINO, Appellant.

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

June 6, 2006.


Defendant's right of confrontation was not violated when the court admitted, as an excited utterance, the murder victim's declaration to the first officer on the scene that he had an argument with defendant (whom he identified by his nickname) and that defendant shot him three times. Whether a particular excited utterance is "testimonial" under Crawford v Washington (541 U.S. 36 [2004]) depends upon the circumstances, with the "particular...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases