Legal Opinion

People v. Johnson

New York Court of Appeals

Decided December 22, 2003PublishedCited by 153 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Defendant appeals his convictions of assault in the first degree and resisting arrest, asserting that an out-of-court, hearsay *304statement made by the victim of the assault was improperly admitted at trial as an excited utterance. The Appellate Division affirmed. Because we conclude that the trial court’s error was harmless beyond a reasonable doubt, we also affirm.

On February 5, 2000, Police Officer Jerrold Lutz and his partner came to the aid of Val Grey, a homeless man who had been stabbed twice in the eye. When the police arrived on the scene, defendant,…

2Cases cited8 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. EdwardsNew York Court of Appeals · 1979
  4. People v. VasquezNew York Court of Appeals · 1996
  5. People v. MarksNew York Court of Appeals · 1959

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3Cited by153 opinions

  1. People v. CantaveNew York Court of Appeals · 2013
  2. People v. OrtaAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. CortesNew York Supreme Court · 2004
  4. People v. BlackmanAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. RogersAppellate Division of the Supreme Court of the State of New York · 2012

148 more not listed; retrieve them via the Exa API.

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