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People v. Eves

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 2006
28 A.D.3d 1231 (N.Y. App. Div. 2006)

Opinion

KA 04-02646.

April 28, 2006.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered January 12, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the third degree.

TULLY, RINCKEY ASSOCIATES, PLLC, ALBANY (GREG T. RINCKEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (PETER S. BLODGETT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Pigott, Jr., P.J., Scudder, Kehoe, Pine and Hayes, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of criminal mischief in the third degree (Penal Law § 145.05). Contrary to defendant's contention, County Court properly admitted a bystander's statement in evidence under the present sense impression exception to the hearsay rule ( see generally People v. Buie, 86 NY2d 501, 505-509; People v. Dann, 17 AD3d 1152, lv denied 5 NY3d 761; People v. Ortiz, 1 AD3d 1017, 1018, lv denied 1 NY3d 632). "There was sufficient corroboration, by means of independent proof, of both the contemporaneity and reliability of the out-of-court declaration" ( Ortiz, 1 AD3d at 1018; see generally People v. Vasquez, 88 NY2d 561, 574-575; People v. Brown, 80 NY2d 729, 734-736). Also contrary to defendant's contention, the sentence is not unduly harsh or severe.


Summaries of

People v. Eves

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 28, 2006
28 A.D.3d 1231 (N.Y. App. Div. 2006)
Case details for

People v. Eves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT C. EVES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 28, 2006

Citations

28 A.D.3d 1231 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3373
815 N.Y.S.2d 389

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