People v. Smith

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that County Court erred in permitting two witnesses to testify with respect to statements that the victim made to them in the week preceding the murder. The first witness was permitted to testify over objection that the victim had told her that he had “some demons on his back that he was trying to get rid of’ and that the victim was referring to defendant. The second witness testified without objection that the victim stated that he…