Opinion
2217
November 14, 2002.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered January 25, 2001, convicting defendant, after a jury trial, of assault in the first degree and resisting arrest, and sentencing him to concurrent terms of 20 years and 1 year, unanimously affirmed.
WALTER J. STOREY, for respondent.
ELIZABETH MANNING, for defendant-appellant.
Before: Andrias, J.P., Saxe, Buckley, Rosenberger, Marlow, JJ.
The victim's statements to the police shortly after he had been stabbed in the eye twice by defendant, and his further statements made in the hospital emergency room an hour later, in response to police questioning, were properly admitted as excited utterances. The evidence clearly established that all of the victim's statements were made while he was still under the influence of the stress caused by his serious injuries (see People v. Brown, 70 N.Y.2d 513; People v. Edwards, 47 N.Y.2d 493).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.