What is the test for admitting a witness's "excited" statement after the event?

"New York", United States of America

The following excerpt is from People v. Brown, 517 N.E.2d 515, 522 N.Y.S.2d 837, 70 N.Y.2d 513 (N.Y. 1987):

The imposition of an arbitrary time limit would run counter to the assumptions underlying the admissibility of excited utterances and would contravene our recent decisions which have departed from the rigid res gestae analysis, with its requirement of contemporaneity, in favor of admitting excited utterances, as exceptions to the hearsay rule, on the basis of their inherent trustworthiness. Moreover, in recognizing that excited utterances made after the event may be admitted if "not made under the impetus of studied reflection" (People v. Edwards, supra, at 497, 419 N.Y.S.2d 45, 392 N.E.2d 1229), we have necessarily acknowledged that the psychological and emotional effect of the sudden event may persist and continue to operate with undiminished force for a period of time thereafter. How long such effect may persist depends on many factors, including the nature of the initial trauma or shock and the subsequent activities of the declarant (see, id., at 497, 419 N.Y.S.2d 45, 392 N.E.2d 1229).

Other Questions


In deciding whether to admit hearsay statements made by conspirators against their co-conspirators, what is the test for admitting such statements? (MultiRegion, United States of America)
Does the presumption that a person who makes a statement of intent to injure another person be liable for damages if that statement contains two statements of intent? (MultiRegion, United States of America)
If a plaintiff makes a statement at a police station that was subsequently suppressed as a result of her statements made in the car, what are the consequences of the suppression of the second statement? (MultiRegion, United States of America)
What is the test for admitting statements that may not be admitted in a criminal trial? (MultiRegion, United States of America)
Does a plaintiff have to respond to a Defendant's statement stating that the material facts contained in that statement are to be admitted as a matter of law? (MultiRegion, United States of America)
Is there any case law where a police officer admitted to admitting that a post-arrest interview of Faulkenbery was conducted without a written statement? (MultiRegion, United States of America)
In what circumstances will a court grant qualified immunity to a defendant who admitted making a false statement in a search warrant application? (MultiRegion, United States of America)
Can a hearsay statement be admitted into evidence? (MultiRegion, United States of America)
Does the completeness doctrine require the admission of portions of a statement that are neither explanatory nor relevant to the admitted passages? (MultiRegion, United States of America)
Is there any case law where a defendant has admitted admitting to a criminal conspiracy? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.