People v. Mateo

*1366Appeal from a judgment of Monroe County Court (Bellini, J.), entered September 19, 2001, convicting defendant after a jury trial of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25 [2]) for the shooting death of the victim. We reject defendant’s contention that County Court erred in admitting the out-of-court declaration of the victim identifying defendant as his assailant. The statement was made by the…