PEOPLE v. BERMUDEZ

8071. 545/15.

168 A.D.3d 446 (2019)

91 N.Y.S.3d 82

2019 NY Slip Op 00177

The People of the State of New York, Respondent, v. Bayron Bermudez, Appellant.

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

Decided January 10, 2019.


The court providently exercised its discretion in permitting the girlfriend of the attempted murder victim (the other victim being a bystander) to testify that her boyfriend had identified defendant as the person who shot him. This testimony qualified as an excited utterance because when this victim made the statement, he had just been shot in the leg, and surrounding circumstances show that he was "under the stress of excitement caused by an external event sufficient to...

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