Legal Opinion
People v. Moscat
Criminal Court of the City of New York
Decided March 25, 2004PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Ethan Greenberg, J.
*740Defendant moves in limine for an order excluding as evidence at trial a recording of a call to 911 madé by the complainant in this domestic assault case. Both sidés anticipate that the complainant will likely refuse to appear;to testify for either the prosecution or the defense at trial. Defendant argues that the 911 call is hearsay and that its admission at trial would violate the defendant’s Sixth Amendment right to confront the witnesses against him. The People argue that the call qualifies for the “excited utterance” exception to the hearsay rule…
2Cases cited12 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Ohio v. RobertsSupreme Court of the United States · 1980
- White v. IllinoisSupreme Court of the United States · 1992
- People v. VasquezNew York Court of Appeals · 1996
- People v. BrownNew York Court of Appeals · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- State v. MizenkoMontana Supreme Court · 2006
- Ruth v. State, Texas Court of Appeals, 14th District (Houston)2005
- People v. CorellaCalifornia Court of Appeal · 2004
- United States v. Jerome HadleyCourt of Appeals for the Sixth Circuit · 2005
- Davis v. State, Texas Court of Appeals, 3rd District (Austin)2005
65 more not listed; retrieve them via the Exa API.