Summary
In People v. Martinez, 33 Misc.3d 1216(A) (Crim Ct, N.Y. County 2011), Judge Tamiko Amaker was also confronted with an accusatory instrument that did not establish how long after the startling event the declaration was uttered.
Summary of this case from People v. VarnerOpinion
October 28, 2011.
Crimes-Assault — Facial Sufficiency of Information — Complainant's statement deemed excited utterance at pleading stage, and thus, accusatory instrument is facially sufficient information.