New York Court of Appeals

The People of the State of New York, Respondent v. Robert Johnson, Appellant

December 22, 20031 N.Y.3d 302

Summary

The New York Court of Appeals affirmed the convictions for assault and resisting arrest, holding that the trial court's admission of the victim's hospital statement as an excited utterance was error but harmless beyond a reasonable doubt. The Court noted the statement was made too long after the incident and the declarant was capable of reflection, yet other evidence proved guilt beyond a reasonable doubt.