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Legal Opinion

People v. O'Neall

New York Court of Appeals

Decided July 3, 1979PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The witness was permitted to testify, over objection, that after observing the defendant, his companion and the victim walk past him and engage in a scuffle, he heard a popping noise. The witness further testified that as he approached the victim he heard him say, "I just been shot.” "They was trying *954to rob me.” The witness asked "Who?” and the decedent related "Two Spanish guys.”

We find no error in the introduction of the decedent’s statements to the witness as a spontaneous declaration or excited utterance…

2Cases cited4 opinions

  1. People v. EdwardsNew York Court of Appeals · 1979
  2. People v. MarksNew York Court of Appeals · 1959
  3. People v. CavinessNew York Court of Appeals · 1975
  4. People v. . Del VermoNew York Court of Appeals · 1908

3Cited by25 opinions

  1. People v. BoodleNew York Court of Appeals · 1979
  2. People v. EganAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1980
  4. People v. EastmanAppellate Division of the Supreme Court of the State of New York · 1985
  5. Lieberman Properties Inc. v. BraunsteinAppellate Division of the Supreme Court of the State of New York · 1987

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