AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE, ETC., RESPONDENT, v. COREY HARRIS, APPELLANT. (IND. NO. 1048/94)

DECISION ORDER

ORDERED that the judgment is affirmed.

While the eyewitness to the shooting herein had an unsavory and criminal background and testified pursuant to a cooperation agreement, these facts raised an issue of credibility which the jury resolved in favor of the prosecution (see, People v. Alston, 243 A.D.2d 573; People v. McDaniel, 233 A.D.2d 343; People v. Dennis, 223 A.D.2d 599; People v. Taylor, 177 A.D.2d 727). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The trial court did not err in admitting the victim's statements to the responding police officers on the basis that the statements constituted excited utterances (see, People v. Vasquez, 88 N.Y.2d 561; People v. Brown, 70 N.Y.2d 513). The circumstances under which the victim made the statements, identifying the defendant as the shooter, "reasonably justify the conclusion that the remarks were not made under the impetus of studied reflection" (People v. Edwards, 47 N.Y.2d 493, 497; see also, People v. Durio, 175 A.D.2d 842, 844; People v. Moore, 173 A.D.2d 568).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or do not require reversal.

Use AI to get other relevant cases.

Comments

PEOPLE v. HARRIS
(Oct 10, 2000)