PEOPLE v. HIBBERT

2014-06661, Ind. No. 84/13.

134 A.D.3d 957 (2015)

22 N.Y.S.3d 115

2015 NY Slip Op 09300

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN HIBBERT, Also Known as SP, Appellant.

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

Decided December 16, 2015.


Ordered that the judgment is affirmed.

The defendant's contention that the County Court erroneously admitted into evidence hearsay statements made by the victim before his death implicating the defendant in the shooting is without merit. The County Court properly admitted under the excited utterance exception to the hearsay rule the statements of the victim that were made within minutes of the shooting while he was being transported to the hospital (see People...

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