PEOPLE v. GANTT


48 A.D.3d 59 (2007)

848 N.Y.S.2d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS GANTT, Appellant.

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

December 27, 2007.


Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City (Paul Wiener of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Susan Gliner of counsel), for respondent.

LIPPMAN, P.J., FRIEDMAN, GONZALEZ and CATTERSON, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J.

At issue on this appeal of a murder conviction is a challenge to the admission, after an in limine ruling denying defendant's motion to preclude, of statements made by the victim separately to three witnesses identifying defendant as the murderer. The statements were admitted as excited utterances. Defendant also argues that the admission of the statements violated his Sixth Amendment right to confrontation under Crawford...

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