Can an excited utterance made by a complainant to a police officer/deponent be used as evidence in a domestic violence case?
"New York", United States of America
The following excerpt is from People v. Vickers, 2007 NY Slip Op 51947(U) (N.Y. Crim. Ct. 10/2/2007), 2007 NY Slip Op 51947 (N.Y. Crim. Ct. 2007):
Cases addressing the non-hearsay requirement in some domestic violence cases have concluded that "... an excited utterance made by the complainant to a police officer/deponent, as an exception to the hearsay rule, may serve in lieu of a supporting deposition as the vehicle by which to convert a complaint to an information." People v. Serna, NYLJ, November 17, 2003, at 19, col.
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