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People v. Guzman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 559 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

The complainant's question, "What are you doing in my house?" was heard by his neighbor seconds after the neighbor looked through her peephole and saw the complainant entering the complainant's apartment. Immediately thereafter, the neighbor observed a fight between the complainant and an unidentified individual. Minutes later, the complainant and the defendant were apprehended by the police and the defendant was found to be concealing several burglar's tools as well as property from the complainant's apartment. The surrounding circumstances reasonably justify the conclusion that the complainant interrupted the defendant as he was burglarizing the complainant's home, and that when he made this statement, the complainant did not have sufficient time to deliberate. Thus, his statement was not a product of studied reflection, and was properly admitted into evidence as an excited utterance (see, People v. Linton, 166 A.D.2d 670; see also, People v. Brown, 70 N.Y.2d 513, 519; People v Edwards, 47 N.Y.2d 493, 497).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, People v. Bynum, 70 N.Y.2d 858; People v. Barrett, 166 A.D.2d 657; People v. Cardona, 136 A.D.2d 556; People v. Villalona, 162 A.D.2d 565; see also, People v. Way, 59 N.Y.2d 361; People v. Suitte, 90 A.D.2d 80). Brown, J.P., Kooper, Harwood and Miller, JJ., concur.


Summaries of

People v. Guzman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 559 (N.Y. App. Div. 1991)
Case details for

People v. Guzman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GUZMAN, Appellant

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 559 (N.Y. App. Div. 1991)
567 N.Y.S.2d 884