People v. Wortherly
Appellate Division of the Supreme Court of the State of New York
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
- People v. . Del VermoNew York Court of Appeals · 1908
- People v. . FitzgeraldNew York Court of Appeals · 1898
- People v. McLucasNew York Court of Appeals · 1965
- People v. . BuchananNew York Court of Appeals · 1895
- People v. BuchalterNew York Court of Appeals · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. NortonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KoAppellate Division of the Supreme Court of the State of New York · 2005
- People v. TamayoAppellate Division of the Supreme Court of the State of New York · 1998
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 1999
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