PEOPLE v. FIGUEROA


37 A.D.3d 246 (2007)

830 N.Y.S.2d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK FIGUEROA, Appellant.

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

Decided February 13, 2007.


In an effort to cast doubt on the People's theory that this crime involved rival drug dealers, defendant offered, as a dying declaration, evidence that while en route to the hospital the deceased said to the officer, "I don't know who did this to me. I don't know nothing." After an extensive hearing outside the jury's presence, the court properly determined that this statement did not qualify as a dying declaration. At the time the statement was made, the condition of the...

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