From Casetext: Smarter Legal Research

People v. Brooks

Court of Appeals of the State of New York
Mar 31, 1988
71 N.Y.2d 877 (N.Y. 1988)

Summary

holding that victim's declarations made 2 and ½ hours after a shooting and resulting injuries were nevertheless uttered while he remained under the influence of a startling event and not after a period of reflection or deliberation which might have led him to be untruthful, and thus were properly held to be admissible

Summary of this case from Bryant v. Lempke

Opinion

Decided March 31, 1988

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Philip J. Chetta, J.

David P. Greenberg and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Seymour Roth of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We do not find error in the admission into evidence of declarant's responses as excited utterances. The record clearly demonstrates that the statements were made before there was "`time to contrive and misrepresent, i.e., while the nervous excitement may be supposed still to dominate and the reflective powers to be yet in abeyance'" (People v Brown, 70 N.Y.2d 513, 518, quoting People v Marks, 6 N.Y.2d 67, 72). Declarant was critically wounded by the shotgun blast, physically and emotionally traumatized by the shooting and experiencing extreme pain. Although declarant faded in and out of consciousness, he was lucid at the time he made the statements.

Brown involved a 30-minute interval between the shooting and the declaration. Here, we are presented with a 2-to-2 1/2-hour lapse of time. Nevertheless, given the other operative factors, declarant's statements were admissible as excited utterances. We refuse to adopt a rule that fixes an "arbitrary limitation on the permissible period between the event and the excited utterance" (People v Brown, supra, at 520). Although, the statements at issue were induced by questions posed by declarant's nurse, they did not interrupt the stress and excitement of the shooting (see, People v Brown, supra, at 522; People v Edwards, 47 N.Y.2d 493, 498-499).

Given the violent nature of the altercation and all the other circumstances surrounding the declarations, we cannot say that the trial court erred in admitting the statements as excited utterances.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.


Summaries of

People v. Brooks

Court of Appeals of the State of New York
Mar 31, 1988
71 N.Y.2d 877 (N.Y. 1988)

holding that victim's declarations made 2 and ½ hours after a shooting and resulting injuries were nevertheless uttered while he remained under the influence of a startling event and not after a period of reflection or deliberation which might have led him to be untruthful, and thus were properly held to be admissible

Summary of this case from Bryant v. Lempke

holding a two to two-and-one-half hour interval between stressful event and statement permissible

Summary of this case from People v. Watson

In People v Brooks (71 N.Y.2d 877), the court found that the declarant's statements qualified as excited utterances even though a period of 2 to 2 1/2 hours had passed since the shooting and the victim had faded in and out of consciousness.

Summary of this case from People v. Zollbrecht
Case details for

People v. Brooks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES McARTHUR BROOKS…

Court:Court of Appeals of the State of New York

Date published: Mar 31, 1988

Citations

71 N.Y.2d 877 (N.Y. 1988)
527 N.Y.S.2d 753
522 N.E.2d 1051

Citing Cases

People v. Norton

We agree that the prosecution failed in its burden to establish that the hearsay statements in issue fell…

People v. Norton

Thus, there is no arbitrary time limit, one second after which a statement will cease to be spontaneous or…