Opinion
March 3, 1986
Appeal from the County Court, Suffolk County (Vaughn, J.).
Judgment affirmed.
As we held in the case of the defendant's brother (see, People v. Kolb, 118 A.D.2d 590), the statements made by the victim shortly before his demise come within the dying declaration exception to the hearsay rule (see generally, People v. Nieves, 108 A.D.2d 165; People v. Coniglio, 79 Misc.2d 808; cf. People v. Acomb, 87 A.D.2d 1, lv dismissed 56 N.Y.2d 1034). The defendant's remaining contentions have been reviewed to the extent that they were preserved for review as a matter of law, and are without merit. The sentence imposed was appropriate under the circumstances of this case. Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.