Legal Opinion

People v. Norton

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

Decided December 18, 1990PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Carro, J.

It is axiomatic that a criminal conviction cannot be sustained where the People’s proof is based upon hearsay evidence unless an exception to the rule against hearsay is applicable. In the case herein appealed from, the trial court ruled that a series of statements, made by defendant’s alleged victim, were admissible as excited utterances. However, because the circumstances surrounding the hearsay statements cannot reasonably support the conclusion that the statements were made under the influence of a startling event, we hold that the statements constituted…

2Cases cited26 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. AshwalNew York Court of Appeals · 1976
  3. People v. SettlesNew York Court of Appeals · 1978
  4. People v. EdwardsNew York Court of Appeals · 1979
  5. People v. MarksNew York Court of Appeals · 1959

21 more not listed; retrieve them via the Exa API.

3Cited by17 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. Lieb v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1991

12 more not listed; retrieve them via the Exa API.

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