People v. Davis
| Decision Date | 31 March 1983 |
| Citation | 58 N.Y.2d 1102,462 N.Y.S.2d 816,449 N.E.2d 710 |
| Parties | , 449 N.E.2d 710 The PEOPLE of the State of New York, Appellant, v. Calvin DAVIS, Also Known as Kevin Dunn, Respondent. The PEOPLE of the State of New York, Appellant, v. Benjamin JOHNSON, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The orders of the Appellate Division, 86 A.D.2d 542, 446 N.Y.S.2d 542, should be affirmed.
Testimony offered not for the truth of its content but to evidence the fact that the statement was made is not hearsay. Key to the defense offered by defendants was that the victim's wife had shot him when, during a struggle with defendants, the victim had called out to her to "Shoot the bastards." That defendants' version of the events strained credulity does not render the error harmless for credibility is a jury function and there were inconsistencies in and, therefore, problems with the testimony of the victim's wife as well. The prosecution having been permitted to present through the wife its version of what the victim said and having argued to the jury that the wife would not have fired a gun under the circumstances then existing, the error in excluding defendant's version of what those circumstances were cannot be deemed harmless.
We consider irrelevant, in determining whether the error was harmless, the fact that in some instances, defendants had answered questions designed to elicit the erroneously excluded statements before the Trial Judge had an opportunity to rule on the prosecutor's objection thereto. Although in such instances, as the People contend, the statements made during the incident were in fact heard by the jury, it cannot be presumed that the jurors would disregard the Trial Judge's instruction that they could not consider those statements in reaching their verdict.
Orders affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Harris
...judge's limiting instructions ( see People v. Morris, 21 N.Y.3d at 598, 976 N.Y.S.2d 682, 999 N.E.2d 160;People v. Davis, 58 N.Y.2d 1102, 1104, 462 N.Y.S.2d 816, 449 N.E.2d 710). Even if the evidence of Gibson's death could arguably be viewed as suggesting that the defendant committed an un......
-
People v. Gibian
...the defendant's state of mind" upon hearing it ( People v. Boyd, 256 A.D.2d 350, 351, 683 N.Y.S.2d 271; see People v. Davis, 58 N.Y.2d 1102, 1103, 462 N.Y.S.2d 816, 449 N.E.2d 710; People v. Barr, 60 A.D.3d 864, 874 N.Y.S.2d 384; cf. People v. Reynoso, 73 N.Y.2d 816, 818-819, 537 N.Y.S.2d 1......
-
People v. N. Leasing Sys., Inc.
...N.E.2d 1285 (2006) ; People v. Caban , 5 N.Y.3d 143, 149–50, 800 N.Y.S.2d 70, 833 N.E.2d 213 (2005) ; People v. Davis , 58 N.Y.2d 1102, 1103, 462 N.Y.S.2d 816, 449 N.E.2d 710 (1983) ; Giardino v. Beranbaum , 279 A.D.2d 282, 282, 720 N.Y.S.2d 3 (1st Dep't 2001). See Bruckmann, Rosser, Sherri......
-
Nemeth v. American
...introduced into evidence at trial. Jurors are presumed to follow the law as it is charged by the court ( People v. Davis , 58 N.Y.2d 1102, 462 N.Y.S.2d 816, 449 N.E.2d 710 [1983] ). In addition, it is well-settled law that attorneys are afforded "wide latitude" in presenting their arguments......
-
Hearsay
...have been held admissible as non-hearsay in the following circumstances: • Making the statement itself is at issue. People v. Davis , 58 N.Y.2d 1102, 462 N.Y.S.2d 816 (1983); DeLuca v. Ricci , 194 A.D.2d 457, 599 N.Y.S.2d 267 (1st Dept. 1993). • Without regard to truthfulness, the statement......
-
Hearsay
...have been held admissible as non-hearsay in the following circumstances: Making the statement itself is at issue. People v. Davis , 58 N.Y.2d 1102, 462 N.Y.S.2d 816 (1983); DeLuca v. Ricci , 194 A.D.2d 457, 599 N.Y.S.2d 267 (1st Dept. 1993). Without regard to truthfulness, the statement......
-
Hearsay
...have been held admissible as non-hearsay in the following circumstances: Making the statement itself is at issue. People v. Davis , 58 N.Y.2d 1102, 462 N.Y.S.2d 816 (1983); DeLuca v. Ricci , 194 A.D.2d 457, 599 N.Y.S.2d 267 (1st Dept. 1993). HEARSAY §5:20 NEW YORK OBJECTIONS 5-4 Without......
-
Hearsay
...have been held admissible as non-hearsay in the following circumstances: • Making the statement itself is at issue. People v. Davis , 58 N.Y.2d 1102, 462 N.Y.S.2d 816 (1983); DeLuca v. Ricci , 194 A.D.2d 457, 599 N.Y.S.2d 267 (1st Dept. 1993). • Without regard to truthfulness, the statement......