People v. Swanson

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of second degree murder (Penal Law § 125.25 [1]), attempted second degree murder (Penal Law §§ 110.00, 125.25 [1]) and other related offenses. Defendant contends that Supreme Court erred in admitting the testimony of an emergency room physician who testified that, although the surviving victim had been shot, he was able to perceive events around him. The court acted within its discretion in permitting the physician to testify concerning his personal knowledge of the victim’s condition so that the jury…