People v. Mungo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 10, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly admitted the statements made by the decedent naming the defendant as his assailant under the excited utterance exception to the hearsay rule (see, People v Fratello, 92 NY2d 565, cert denied 526 US 1068; People v Brown, 70 NY2d 513, 522; People v Edwards, 47 NY2d 493). The surrounding circumstances reasonably justify the…
2Cases cited7 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. EdwardsNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 1987
- People v. CottoNew York Court of Appeals · 1998
- People v. FratelloNew York Court of Appeals · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marcus Mungo v. George DuncanCourt of Appeals for the Second Circuit · 2004
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 2005
- Mungo v. DuncanDistrict Court, E.D. New York · 2003