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People v. Blake

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 887 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Assault, 2nd Degree.

PRESENT: PIGOTT, JR., P. J., HURLBUTT, KEHOE AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied defendant's request for a missing witness charge. Testimony from those additional witnesses would have been cumulative ( see, People v. Gonzalez, 68 N.Y.2d 424, 428; People v Early, 266 A.D.2d 881, 881-882, lv denied 94 N.Y.2d 918). We reject defendant's further contention that the court erred in excluding hearsay testimony. The testimony concerned a "recalled or recast description of events that were observed in the recent past";, and thus did not fall within the present sense impression exception to the hearsay rule ( People v. Vasquez, 88 N.Y.2d 561, 575). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Blake

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 887 (N.Y. App. Div. 2000)
Case details for

People v. Blake

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LEROY BLAKE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 27, 2000

Citations

278 A.D.2d 887 (N.Y. App. Div. 2000)
718 N.Y.S.2d 917

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