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.