Appellate Division of the Supreme Court of New York, 2002

People v. Johnson

Appellate Division of the Supreme Court of New York · Decided November 14, 2002

299 A.D.2d 213; 749 N.Y.S.2d 140; 2002 N.Y. App. Div. LEXIS 10813

Cases that cite this one

1 later published case cites this decision.

People v. Johnson (N.Y. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment, Supreme Court, New York County (John Bradley, J.), rendered January 25, 2001, convicting defendant, after a jury trial, of assault in the first degree and resisting arrest, and sentencing *214him to concurrent terms of 20 years and one year, unanimously affirmed.

The victim’s statements to the police shortly after he had been stabbed in the eye twice by defendant, and his further statements made in the hospital emergency room an hour later, in response to police questioning, were properly admitted as excited utterances. The evidence clearly established that all of the victim’s statements were made while he was still under the influence of the stress caused by his serious injuries (see People v Brown, 70 NY2d 513; People v Edwards, 47 NY2d 493).

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Saxe, Buckley, Rosenberger and Marlow, JJ.

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