People v. Nalty

OPINION OF THE COURT

Herbert Kramer, J.

Is trial testimony of acts committed and statements made *91by a now-deceased complainant admissible as an excited utterance or spontaneous declaration to prove the identity of defendants?

FINDINGS OF FACT

Complainant, Mr. Senior, who died before trial from an unrelated cause, was seated with a woman in the front seat of his parked car. Defendants entered the vehicle, one defendant held a gun to his head and effectively prevented his companion from seeing their faces. They demanded his jewelry, which was unique, and fled the scene on foot.

Police officers were…