Appellate Division of the Supreme Court of New York, 2001

People v. Gonzalez

People v. Gonzalez
Appellate Division of the Supreme Court of New York · Decided March 15, 2001
281 A.D.2d 254; 721 N.Y.S.2d 536; 2001 N.Y. App. Div. LEXIS 2455
People v. Gonzalez

Opinion of the Court

—Judgment, Supreme Court, New York County (Arlene Silverman, J.), *255rendered June 16, 1998, convicting defendant, after a jury trial, of grand larceny in the fourth degree and resisting arrest, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The court properly permitted a police officer to testify to two statements made by the complainant immediately after the crime. The court properly found that both statements were excited utterances, since they were made while the complainant was still under the influence of the stress caused by his violent confrontation with defendant (see, People v Edwards, 47 NY2d 493, 497). Concur — Ellerin, J. P., Wallach, Lerner and Saxe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.