Majority
—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 NY2d 68 , 78-79; People v Brown, 70 NY2d 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 AD2d 781 , 782, lv denied 92 NY2d 1029 ). The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495), and the sentence is not unduly harsh or severe. (Appeal from Judgment of Niagara County Court, Broderick, J. — Attempted Murder, 2nd Degree.) Present — Green, J. P., Hayes, Scudder, Burns and Lawton, JJ.
Cases cited
- People v. Cotto 92 NY2d 68 at 78-79 p. 973
- People v. Brown 70 NY2d 513 at 519-520 p. 973
- People v. Brown 254 AD2d 781 at 782 p. 973
- People v. Bleakley 69 NY2d 490 at 495 p. 973