Legal Opinion

People v. Hamid

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 1994PublishedCited by 11 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered April 17, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the victim’s statements, in which he identified the defendant by name, were excited utterances since they were uttered during the shooting which culminated in the victim’s death. Therefore, the trial court properly permitted eyewitnesses to testify to the statements (see, People v Edwards, 47 NY2d 493, 497).

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2Cases cited5 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. People v. AlvinoNew York Court of Appeals · 1987
  3. People v. EdwardsNew York Court of Appeals · 1979
  4. People v. GinesNew York Court of Appeals · 1975
  5. People v. DeLeonAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by11 opinions

  1. People v. ZanghiAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. LunsfordAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995

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