People v. Vigliotti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and assault in the first degree (Penal Law § 120.10 [1]), defendant contends that the statements of the victim immediately after he was shot in the chest were improperly admitted as excited utterances. We disagree. The statements were made while the victim was under the stress of the event (see, People v Edwards, 47 NY2d 493, 496-497; see also, People v Cotto, 92 NY2d 68, 78-79). Although there was conflicting evidence…
2Cases cited19 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ParkerNew York Court of Appeals · 1982
- People v. EdwardsNew York Court of Appeals · 1979
- People v. NievesNew York Court of Appeals · 1986
- People v. OcasioNew York Court of Appeals · 1995
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BratcherAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2000
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2012
21 more not listed; retrieve them via the Exa API.