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.