Legal Opinion
People v. Cook
New York Supreme Court
Decided October 20, 1993PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Jerome M. Kay, J.
Is "unavailability” of a hearsay declarant a requirement of the "present sense impression” or "excited utterance” exception to the hearsay rule?
The People have requested that the court admit into evidence two 911 tapes as either "present sense impressions” or "excited utterances” (also called spontaneous declarations).
In deciding this motion the court conducted a hearing, read the memorandum of law of both sides, and considered oral argument of both attorneys.
This written decision explains the court’s ruling made in the middle of trial.
The two 911 tapes…
2Cases cited47 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- California v. GreenSupreme Court of the United States · 1970
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Bourjaily v. United StatesSupreme Court of the United States · 1987
- People v. De BourNew York Court of Appeals · 1976
42 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. SalgadoNew Mexico Supreme Court · 1999
- United States v. WoodfolkDistrict of Columbia Court of Appeals · 1995
- Brown v. KeaneDistrict Court, S.D. New York · 2002
- People v. Victor R.New York Supreme Court · 1994
- People v. BuieAppellate Division of the Supreme Court of the State of New York · 1994