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People v. Ralands

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2001
283 A.D.2d 973 (N.Y. App. Div. 2001)

Opinion

Filed May 2, 2001.

Appeal from Judgment of Niagara County Court, Broderick, J. — Attempted Murder, 2nd Degree.

PRESENT: GREEN, J.P., HAYES, SCUDDER, BURNS AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

County Court properly admitted the hearsay statements of the shooting victim under the excited utterance exception to the hearsay rule ( see, People v. Cotto, 92 N.Y.2d 68, 78-79; People v. Brown, 70 N.Y.2d 513, 519-520). We reject defendant's contention that the court erred in admitting an allegedly excessive number of photographs of the victim's wounds and the crime scene ( see, People v. Brown, 254 A.D.2d 781, 782, lv denied 92 N.Y.2d 1029). The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495), and the sentence is not unduly harsh or severe.


Summaries of

People v. Ralands

Appellate Division of the Supreme Court of New York, Fourth Department
May 2, 2001
283 A.D.2d 973 (N.Y. App. Div. 2001)
Case details for

People v. Ralands

Case Details

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

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

Date published: May 2, 2001

Citations

283 A.D.2d 973 (N.Y. App. Div. 2001)
725 N.Y.S.2d 242