PEOPLE v. HERNDON


41 A.D.3d 130 (2007)

837 N.Y.S.2d 637

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMONEL HERNDON, Appellant.

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

Decided June 5, 2007.


Just after being violently assaulted by defendant with the sharp edge of a bottle, the victim went upstairs to his apartment, in a highly agitated state, bleeding profusely from a deep laceration in his shoulder. He was described by his wife, who had difficulty extracting "two words" from him due to his agitated state, as "very hysterical," crying and confused. The victim told his wife that he had gotten stabbed and almost robbed, then ran out the door before his wife could...

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