People v. Cummings

Judgment, Supreme Court, New York County (Ruth Pickholz, J., at jury selection; Bruce Adíen, J., at remainder of trial and sentencing), rendered January 16, 2014, convicting defendant of assault in the first degree, two counts of attempted assault in the first degree, two counts of criminal possession of a weapon in the second degree, and two counts of assault in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 18 years, unanimously affirmed.

The court providently admitted, as an excited utterance, the statement of an unidentified bystander, audible…