Legal Opinion
People v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2007PublishedCited by 15 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 6, 2006, convicting defendant, after a jury trial, of attempted rape in the first degree and sexual abuse in the first degree, and sentencing him to an aggregate term of 3V2 years, unanimously affirmed.
The court properly admitted the victim’s statements as excited utterances. The evidence established that the witnesses arrived immediately after the attack, and that the victim, described by the witnesses as “screaming,” “hysterical,” and “gasping for air,” was still under the influence of the stress of that…
2Cases cited3 opinions
- People v. O'RamaNew York Court of Appeals · 1991
- People v. JohnsonNew York Court of Appeals · 2003
- People v. LemosAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by15 opinions
- People v. WeaverAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RoberitesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2021
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2008
- MORRISON, WILLIAM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
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