Legal Opinion
People v. Hernandez
New York Court of Appeals
Decided December 15, 2016PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant was convicted, after a jury trial, of one count each of sexual abuse in the first degree and endangering the welfare of a child for sexually touching a three-year-old girl on the bus defendant drove. On appeal, he argues that the trial court erred in allowing the child’s mother and father to testify about certain statements the child made to them shortly after the alleged abuse occurred and then several hours later at a hospital, both under the excited utterance exception to the hearsay rule.
That…
2Cases cited5 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. EdwardsNew York Court of Appeals · 1979
- People v. KelloNew York Court of Appeals · 2001
- People v. BrownNew York Court of Appeals · 1987
- People v. JohnsonNew York Court of Appeals · 2003
3Cited by33 opinions
- People v. CummingsCourt for the Trial of Impeachments and Correction of Errors · 2018
- Matter of Nina P. (Giga P.)Appellate Division of the Supreme Court of the State of New York · 2020
- People v. DelacruzAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Eternity S. (Vanessa P.)Appellate Division of the Supreme Court of the State of New York · 2020
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2021
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