[DOWNLOAD] "People State New York v. Carlton Brown" by Court of Appeals of New York # Book PDF Kindle ePub Free

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Title: People State New York v. Carlton Brown
Author : Court of Appeals of New York
Release Date : January 19, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

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[70 N.Y.2d 513 Page 515] Opinion OF THE COURT In his appeal from a conviction for second degree murder, defendant's chief contention is that the
trial court committed reversible error in admitting testimony of several incriminating statements of the victim as excited
utterances. Errol O'Neil was shot at approximately 2:00 p.m. on October 2, 1981 following an argument in the basement apartment
of a two-family dwelling in Brooklyn where he resided with various relatives including his mother, Joyce Scott, and an uncle,
Robert Hinds. We readily agree with the courts below that it was proper to admit the testimony of Scott and Hinds concerning
statements made to them by O'Neil immediately after the shooting as he emerged from the apartment and during the automobile
trip to the hospital. The principal question pertains to the testimony of Police Officer Turnbull about statements O'Neil
made in response to the officer's questions in the emergency room approximately 30 minutes after the shooting. For reasons
which follow, we conclude that these statements were also properly admitted as excited utterances. Because we find no merit
in defendant's further contention that the proof of guilt was legally insufficient, there should be an affirmance.