Legal Opinion
People v. Dering
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1988PublishedCited by 10 opinions
1Opinion of the Court
*539The record indicates that Thomas Butera, the 86-year-old victim of the instant crime, was stabbed eight times with a pliers and a screwdriver. Shortly after the attack, a police officer responded to the scene. The officer asked the victim what happened. In response to this question, the victim allegedly said: "They robbed me. They stabbed me. They tried to take my money”. Although the police officer was only able to paraphrase the victim’s statements, we conclude that the trial court properly admitted these statements into evidence under the spontaneous declaration exception to the hearsay…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. EdwardsNew York Court of Appeals · 1979
- People v. BrownNew York Court of Appeals · 1987
- People v. JeffriesAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RiceAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by10 opinions
- Nathan Sams v. Hans Walker, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1994
- People v. LubranoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2001
- People v. FossAppellate Division of the Supreme Court of the State of New York · 1999
- People v. PedroAppellate Division of the Supreme Court of the State of New York · 2007
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