Commonwealth v. Carrasquillo

The defendant, Jesus Carrasquillo, was convicted on criminal charges arising from a street shooting.1 On his appeal, the defendant contends that the trial judge erred in admitting, as substantive evidence, the victim’s statement at a hospital within an hour of the episode that the defendant was the shooter, and again the victim’s statement to the same effect in his testimony before the grand jury. We agree with the judge that the statements, over hearsay objections, were admissible as substantive proof, the first statement as an “excited utterance,” see Commonwealth v. Zagranski, 408 Mass.…