Legal Opinion

People v. Wortherly

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1979PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Silverman, J.

Defendant appeals from a judgment of the Supreme Court, New York County, convicting him on jury verdict of assault in the second degree (Penal Law, § 120.05), and criminal possession of a weapon in the third degree (Penal Law, § 265.02) and sentencing him thereon.

1. The testimony of the complaining witness, the victim Wilson, that about three minutes after the assault, he told a friend Goodwin that "Ziggy stabbed me”, even though in response to a question, was admissible under the spontaneous declaration rule. (Richardson, Evidence [10th ed], § 281 et seq.)…

2Cases cited9 opinions

  1. People v. . Del VermoNew York Court of Appeals · 1908
  2. People v. . FitzgeraldNew York Court of Appeals · 1898
  3. People v. McLucasNew York Court of Appeals · 1965
  4. People v. . BuchananNew York Court of Appeals · 1895
  5. People v. BuchalterNew York Court of Appeals · 1942

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

3Cited by18 opinions

  1. People v. NortonAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. KoAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. TamayoAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. YoungAppellate Division of the Supreme Court of the State of New York · 1999

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

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