People v. Brooks

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We do not find error in the admission into evidence of declarant’s responses as excited utterances. The record clearly demonstrates that the statements were made before there was " 'time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance’ ” (People v Brown, 70 NY2d 513, 518, quoting People v Marks, 6 NY2d 67, 72). Declarant was critically wounded by the shotgun blast, physically and emotionally traumatized by the…