People v. Cummings
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the CourtWilson, J.
Defendant Twanek Cummings appeals from an order of the Appellate Division affirming the trial court's decision to admit a statement, heard in the background of a 911 call and spoken by an unidentified person, under the excited utterance exception to the hearsay rule. Although we reject his argument that the law-of-the-case doctrine prevented the substitute Supreme Court Justice from revisiting the prior Justice's decision to exclude the statement, admission of the statement was error because the record contains no evidence from which a trier of fact could reasonably infer that the statement…
2Cases cited18 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. MaliziaNew York Court of Appeals · 1984
- People v. EdwardsNew York Court of Appeals · 1979
- People v. EvansNew York Court of Appeals · 2000
- Dondi v. JonesNew York Court of Appeals · 1976
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