People v. Sarzano
| Court | New York Court of Appeals |
| Writing for the Court | PER CURIAM. |
| Citation | 212 N.Y. 231,106 N.E. 87 |
| Decision Date | 14 July 1914 |
| Parties | PEOPLE v. SARZANO. |
212 N.Y. 231
106 N.E. 87
PEOPLE
v.
SARZANO.
Court of Appeals of New York.
July 14, 1914.
Appeal from Supreme Court, Trial Term, Erie County.
Michael Sarzano was convicted of murder in the first degree, and he appeals. Affirmed.
[212 N.Y. 232]Thomas Murphy, of Buffalo, for appellant.
Guy B. Moore, of Buffalo, for the People.
PER CURIAM.
The appellant was convicted of the crime of murder in the first degree in Erie county, on February 28, 1913. He shot Saverio Gragnanello November[212 N.Y. 233]17, 1912, at Buffalo. Gragnanello died January 22, 1913, as the result of the shooting, as the jury found.
[1] The trial court erred in receiving in evidence as a dying declaration the statement made by the deceased on November 17, 1912, after he had been taken to the hospital. The statement was made to Dr. George B. Stocker, who was the deputy medical examiner for Erie county. Dr. Stocker told the deceased ‘that his condition was critical, and we expected he would die from the way he was, and we wanted his statement for use later.’ ‘I talked to him and told him the condition he was in and that he was going to die, and I wanted an ante mortem statement for purposes that might arise later.’ The deceased said, ‘All right,’ he would give it, and made statements, which were written down and read to him by Dr. Stocker. The written statement was:
‘Dying declaration of Salvita Greniera made on the 17th day of November, 1912, at Emergency Hospital in the city of Buffalo, county of Erie, to Geo. B. Stocker, deputy medical examiner of said county.
‘He says: I consider my condition critical, and am under the influence of an impression that I am about to die, and have no hopes of my recovery from the effects of my wound. I make this statement under that impression.
‘I live at 164-8 Erie street and am a saloonkeeper by occupation. My wife was in back room of saloon and this man Mike by name and I do not know his last name went back to this room and I went back there and asked him what he wanted and told him to go out. He drew a gun and said he would shoot me. I asked him what he wanted to shoot for and again told him to go out. He immediately shot me five times. Then he ran out of the back door. I never had any trouble with him before. He was not drunk. This was between seven and eight o'clock to-night.
‘Salvitas X mark Greniera.’
[106 N.E. 88]
[212 N.Y. 234]The objection to its admission, ‘on the ground there is nothing in evidence except the statement which the doctor wrote that showed he thought he was going to die, and that his death was to be speedy,’ was overruled with an exception.
The learned district attorney seems confident that the statement was admissible. He points out the three wounds; that the deceased was about to undergo an operation; that a doctor told him he was in a critical condition, and they did not expect him to...
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Hoffman v. Palmer, No. 261.
...exceptions as to declarations by a deceased witness. Shepard v. United States, 290 U.S. 96, 54 S.Ct. 22, 78 L.Ed. 196; People v. Sarzano, 212 N.Y. 231, 106 N.E. 87. Nor is it the kind of record that falls within the common law exception as to memoranda made in the regular course of business......
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People v. Nieves
...a sense of impending death, with no hope of recovery (see, People v. Ludkowitz, 266 N.Y. 233, 239, 194 N.E. 688, supra; People v. Sarzano, 212 N.Y. 231, 235, 106 N.E. 87; People v. Del Vermo, 192 N.Y. 470, 85 N.E. 690). Belief by the declarant that death is possible, or even probable, is no......
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President of the United States v. Kelly
...must have realized his situation, our object is sufficiently attained. Such is the settled judicial attitude." In People v. Sarzano, 212 N.Y. 231, at page 235, 106 N.E. 87, 88, the Court of Appeals of New York in a per curiam opinion stated: "Declarant's certainty that he is about to die an......
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People v. Esteves
...67 N.Y.2d 125, 132, 501 N.Y.S.2d 1, 492 N.E.2d 109, supra; see, People v. Ludkowitz, 266 N.Y. 233, 239, 194 N.E. 688; People v. Sarzano, 212 N.Y. 231, 235, 106 N.E. 87; People v. Del Vermo, 192 N.Y. 470, 85 N.E. 690). The requisite state of mind of the declarant must be more than a belief t......
-
Hoffman v. Palmer, No. 261.
...exceptions as to declarations by a deceased witness. Shepard v. United States, 290 U.S. 96, 54 S.Ct. 22, 78 L.Ed. 196; People v. Sarzano, 212 N.Y. 231, 106 N.E. 87. Nor is it the kind of record that falls within the common law exception as to memoranda made in the regular course of business......
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People v. Nieves
...a sense of impending death, with no hope of recovery (see, People v. Ludkowitz, 266 N.Y. 233, 239, 194 N.E. 688, supra; People v. Sarzano, 212 N.Y. 231, 235, 106 N.E. 87; People v. Del Vermo, 192 N.Y. 470, 85 N.E. 690). Belief by the declarant that death is possible, or even probable, is no......
-
President of the United States v. Kelly
...must have realized his situation, our object is sufficiently attained. Such is the settled judicial attitude." In People v. Sarzano, 212 N.Y. 231, at page 235, 106 N.E. 87, 88, the Court of Appeals of New York in a per curiam opinion stated: "Declarant's certainty that he is about to die an......
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People v. Esteves
...67 N.Y.2d 125, 132, 501 N.Y.S.2d 1, 492 N.E.2d 109, supra; see, People v. Ludkowitz, 266 N.Y. 233, 239, 194 N.E. 688; People v. Sarzano, 212 N.Y. 231, 235, 106 N.E. 87; People v. Del Vermo, 192 N.Y. 470, 85 N.E. 690). The requisite state of mind of the declarant must be more than a belief t......