People v. Montalbo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered August 19, 1996, convicting him of assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the Supreme Court properly determined that the complainant’s statement identifying the defendant as the person who shot him was admissible as an excited utterance. The “statement was made spontane*505ously,…
2Cases cited9 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. GrayNew York Court of Appeals · 1995
- People v. EdwardsNew York Court of Appeals · 1979
- People v. OsborneNew York Court of Appeals · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.