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Legal Opinion

People v. Norton

New York Court of Appeals

Decided December 23, 1991PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree that the prosecution failed in its burden to establish that the hearsay statements in issue fell within the "excited utterances” exception, by showing that declarant’s several statements, beginning some time after a stabbing and continuing through Ms hospitalization, were made under the influence of the event and stilled his reflective powers (People v Nieves, 67 NY2d 125, 131).* From declarant’s level of responsiveness, Ms activity and his condition, it could not reasonably be concluded "that the…

2Cases cited5 opinions

  1. People v. EdwardsNew York Court of Appeals · 1979
  2. People v. MarksNew York Court of Appeals · 1959
  3. People v. BrownNew York Court of Appeals · 1987
  4. People v. NievesNew York Court of Appeals · 1986
  5. People v. BrooksNew York Court of Appeals · 1988

3Cited by19 opinions

  1. People v. VasquezNew York Court of Appeals · 1996
  2. People v. BierenbaumAppellate Division of the Supreme Court of the State of New York · 2002
  3. People v. MulliganAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. AnonymousAppellate Division of the Supreme Court of the State of New York · 2000
  5. Boyce v. Gumley-Haft, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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