Legal Opinion

People v. Gantt

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

Decided December 27, 2007PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

At issue on this appeal of a murder conviction is a challenge to the admission, after an in limine ruling denying defendant’s motion to preclude, of statements made by the victim separately to three witnesses identifying defendant as the murderer. The statements were admitted as excited utterances. Defendant also argues that the admission of the statements violated his Sixth Amendment right to confrontation under Crawford v Washington (541 US 36 [2004]).

The trial evidence reveals the following. In late July 1994, the victim, Richard Moore, was selling drugs out…

2Cases cited19 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Ohio v. RobertsSupreme Court of the United States · 1980
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. White v. IllinoisSupreme Court of the United States · 1992
  5. People v. EdwardsNew York Court of Appeals · 1979

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

3Cited by21 opinions

  1. People v. LegereAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. ClementeAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. DominickAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2009

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

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