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PEOPLE v. NALTY

141 Misc.2d 90 (1988)

The People of the State of New York, Plaintiff, v. Stephen Nalty and Tilly Rowley, Defendants.

Supreme Court, Kings County.

August 26, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Sari Kolatch of counsel), for plaintiff. Spiro Ferris for Stephen Nalty, defendant. Gregory Poulos for Tilly Rowley, defendant.

HERBERT KRAMER, J.

Is trial testimony of acts committed and statements made by a now-deceased complainant admissible as an excited utterance or spontaneous declaration to prove the identity of defendants?

FINDINGS OF FACT

Complainant, Mr. Senior, who died before trial from an unrelated cause, was seated with a woman in the front seat of his parked car. Defendants entered the vehicle, one defendant...

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