People v. Treat

Judgment, Supreme Court, New York County (Edwin Torres, J.), convicting defendant, after a jury trial, of manslaughter in the first degree and sentencing him to an indeterminate term of imprisonment of from 12 to 24 years, unanimously affirmed.

On appeal from his conviction for causing his friend’s death by dousing him with scalding water mixed with vinegar, salt and pepper, defendant contends that the victim’s statements to the police were neither excited utterances nor dying declarations. The evidence at trial showed that the victim ran to the hospital emergency room screaming that he was…