People v. Davis

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

Testimony offered not for the truth of its content but to evidence the fact that the statement was made is not hearsay. Key to the defense offered by defendants was that the victim’s wife had shot him when, during a struggle with defendants, the victim had called out to her to “Shoot the bastards.” That defendants’ version of the events strained credulity does not render the error harmless for credibility is a jury function and there were inconsistencies in and, therefore, problems with the testimony of the…