← Cases

People v. Ralands

283 A.D.2d 973 Court N.Y. App. Div. Decision date 2001-05-02 English

Contents

Majority

p. 973
The People of the State of New York, Respondent, v Curtis E. Ralands, Appellant.
[725 NYS2d 242]

—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