People v. Sostre

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*960We cannot say as a matter of law that defendant should have been permitted to introduce hearsay evidence of certain exculpatory statements he made at the scene of the crime. The trial court refused to receive these statements as “spontaneous” or “excited” utterances, and the Appellate Division agreed with this ruling, noting that the statements had been made approximately five minutes after defendant had been shot by the victim and at a time when defendant had had an adequate opportunity to reflect upon his…