People v. Huggins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The trial court properly permitted the victim to testify that, several minutes after he was shot, he told an ambulance attendant that defendant was the person who shot him. The record supports the court’s determination that the victim’s response to the attendant’s question about who shot him constituted an excited utterance (see, People v Brown, 70 NY2d 513).
The suppression court did not err in summarily concluding that the pretrial identification of defendant by an eyewitness was confirmatory and that a Wade hearing was not required. The witness had…
2Cases cited2 opinions
- People v. RodriguezNew York Court of Appeals · 1992
- People v. BrownNew York Court of Appeals · 1987
3Cited by2 opinions
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SampsonNew York Supreme Court · 1997