People v. Torres

Judgment, Supreme Court, New York County (Shirley Levittan, J.), rendered June 13, 1989, convicting defendant, after jury trial, of assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 3 to 6 years on each count, unanimously affirmed.

In the circumstances herein, where the victim had been shot twice and lay on a stretcher awaiting transport to the hospital for emergency treatment, the police testimony that the victim (unavailable at the time of trial) called out "That’s him” when…