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PEOPLE v. GONZALEZ

Ind. No. 3796/16. Appeal No. 13904. Case No. 2018-03502.

194 A.D.3d 621 (2021)

144 N.Y.S.3d 362

2021 NY Slip Op 03287

The People of the State of New York, Respondent, v. Gerard Gonzalez, Appellant.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Ellen Dille of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Victoria Muth of counsel), for respondent.

Concur— Renwick, J.P., Webber, González, Scarpulla, JJ.

The court properly admitted, as nonhearsay, statements made by bystanders to two police officers, when the officers responded to the scene of the assault. The statements provided relevant background information regarding police conduct in pursuing defendant into the subway (see Tennessee v Street, 471 U.S. 409, 414 [1985]; People v Garcia, 25 N.Y.3d 77, 86 [2015]). To the extent any parts of...

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