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PEOPLE v. WHITLEY

59 A.D.3d 746 (2009)

873 N.Y.S.2d 493

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AKILAH WHITLEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 24, 2009.

Ordered that the judgment is affirmed.

The Supreme Court correctly permitted testimony as to statements identifying the defendant as the assailant, made by the complainant just minutes after she had been shot in the abdomen at close range, and while she was still in "excruciating pain," to be admitted into evidence as excited utterances (see People v Johnson, 1 N.Y.3d 302, 306 ...

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