PEOPLE v. JOHNSON

15310, 1617/12

129 A.D.3d 486 (2015)

11 N.Y.S.3d 136

2015 NY Slip Op 04919

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE JOHNSON, Appellant.

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

Decided June 11, 2015.


Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 23, 2012, convicting defendant, after a jury trial, of menacing in the second degree, and sentencing him to a term of three years' probation, unanimously affirmed.

The court properly admitted the victim's statement to responding police as an excited utterance (see generally People v Johnson, 1 N.Y.3d 302 [2003]). The statement at issue clearly...

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