People v. O'Neall
Cases that cite this one
25 later published cases cite this decision.
- WOLFSON, MICHAEL A. v. FARACI LANGE, LLP (Appellate Division of the Supreme Court of New York 2013)
- Wolfson v. Lange (Appellate Division of the Supreme Court of New York 2013)
- Wolfson v. Lange (Appellate Division of the Supreme Court of New York 2013)
- Kinville v. Jarvis Real Estate Holdings, LLC (Appellate Division of the Supreme Court of New York 2007)
- Pfuntner v. Lyons (Appellate Division of the Supreme Court of New York 2002)
- Berry v. Boulware (Appellate Division of the Supreme Court of New York 1992)
- Gray v. Wallman & Kramer (Appellate Division of the Supreme Court of New York 1992)
- Board of Education of the Depew Union Free School District v. Depew Teachers Organization, Inc. (Appellate Division of the Supreme Court of New York 1990)
- Tarantino v. Tarantino (Appellate Division of the Supreme Court of New York 1989)
- County of Monroe v. Monroe County Deputy Sheriff's Ass'n (Appellate Division of the Supreme Court of New York 1989)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1988)
- 130-164 Ravine Avenue Inc. v. Ravine Associates (Appellate Division of the Supreme Court of New York 1988)
- Wolf v. Atai (Appellate Division of the Supreme Court of New York 1988)
- City of Newburgh v. Local 589, International Ass'n of Firefighters (Appellate Division of the Supreme Court of New York 1988)
- Oxford Funding Corp. v. James H. Northrup, Inc. (Appellate Division of the Supreme Court of New York 1987)
- Stansky v. Mallon (Appellate Division of the Supreme Court of New York 1987)
- Lieberman Properties Inc. v. Braunstein (Appellate Division of the Supreme Court of New York 1987)
- People v. Motley (Appellate Division of the Supreme Court of New York 1986)
- People v. Vigilante (Appellate Division of the Supreme Court of New York 1986)
- People v. Eastman (Appellate Division of the Supreme Court of New York 1985)
- People v. Santiago (Appellate Division of the Supreme Court of New York 1982)
- People v. Watson (New York Supreme Court 1981)
- People v. McCullough (Appellate Division of the Supreme Court of New York 1980)
- People v. Egan (Appellate Division of the Supreme Court of New York 1980)
- People v. Boodle (N.Y. 1979)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The witness was permitted to testify, over objection, that after observing the defendant, his companion and the victim walk past him and engage in a scuffle, he heard a popping noise. The witness further testified that as he approached the victim he heard him say, "I just been shot.” "They was trying
We find no error in the introduction of the decedent’s statements to the witness as a spontaneous declaration or excited utterance (People v Caviness, 38 NY2d 227, 230-231; People v Del Vermo, 192 NY 470). The circumstances surrounding the declaration sprang instinctively from the stress and excitement caused by the shooting and followed so closely after that event as to preclude the opportunity for deliberation, fabrication or design (see People v Marks, 6 NY2d 67, cert den 362 US 912). The simple fact that the decedent’s identification of his attackers was prompted by the inquiry of the witness does not detract from the spontaneity of the utterance under the circumstances presented here (see People v Edwards, 47 NY2d 493).
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.