PEOPLE v. SMITH


37 A.D.3d 333 (2007)

830 N.Y.S.2d 138

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN SMITH, Appellant.

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

Decided February 22, 2007.


The court properly admitted as excited utterances the nontestifying victim's statements to the responding police officer, Landers, upon his arrival at the scene, describing the theft and informing the officer that the perpetrator had displayed a knife, as well as his statement, moments later, as to the perpetrator's flight. Since defendant never claimed that admission of these declarations violated his right of confrontation, his present constitutional claim is unpreserved...

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