People v. Ralands

Appellate Division of the Supreme Court of New York

People v. Ralands

283 A.D.2d 973, 725 N.Y.S.2d 242, 2001 N.Y. App. Div. LEXIS 4479

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2001

StatusPublished

This text of 283 A.D.2d 973 (People v. Ralands) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ralands, 283 A.D.2d 973, 725 N.Y.S.2d 242, 2001 N.Y. App. Div. LEXIS 4479 (N.Y. Ct. App. 2001).

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Opinion

—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.

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—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.

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Bluebook (online)

283 A.D.2d 973, 725 N.Y.S.2d 242, 2001 N.Y. App. Div. LEXIS 4479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ralands-nyappdiv-2001.

Opinion

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