People v. Nieves

OPINION OF THE COURT

Sandler, J.

On this appeal from defendant’s conviction of manslaughter in the second degree, the central issue is presented by the contention that the trial court erroneously admitted into evidence statements of the deceased identifying the defendant as having stabbed her, statements made in a hospital to which the deceased had been brought after the stabbing, and during a brief lucid period between her arrival in the hospital and her death. After a pretrial hearing to determine the admissibility of the statements in issue, the trial court ruled them admissible as dying…