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People v. Felder

337 N.E.2d 606, 37 N.Y.2d 779, 375 N.Y.S.2d 98, 1975 N.Y. LEXIS 2147
CourtNew York Court of Appeals
DecidedJuly 10, 1975
StatusPublished
Cited by7 cases

This text of 337 N.E.2d 606 (People v. Felder) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Felder, 337 N.E.2d 606, 37 N.Y.2d 779, 375 N.Y.S.2d 98, 1975 N.Y. LEXIS 2147 (N.Y. 1975).

Opinions

Memorandum. While we would affirm the order of the Appellate Division, we disagree with the view taken by the majority of that court that certain testimony was hearsay.

The testimony given by Brunson, the victim of this assault and attempted robbery, to the effect that a bystander stated, when the defendant approached Brunson, that "this Joe is going to take your money” was not hearsay; The testimony was offered not to establish the truth or falsity of the statement, but simply for the purpose of showing that the statement was made. (Richardson, Evidence [10th ed], § 203; McCormick, Evidence [2d ed], § 249, p 588.) The testimony was [781]*781clearly relevant in that it served to explain Brunson’s otherwise irrational conduct in jumping on the table and running away from the premises.

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Bluebook (online)
337 N.E.2d 606, 37 N.Y.2d 779, 375 N.Y.S.2d 98, 1975 N.Y. LEXIS 2147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-felder-ny-1975.