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):
The instant case, of course, involves a responding officer flagged down by the complainant as opposed to one who appears in response to a 911 call. This court's 2003 ruling in People v. Serna, supra, is more directly on point. The accusatory instrument in Serna alleged that the complainant flagged down the arresting officer at 7:20 pm and informed him that twenty minutes earlier the defendant had cursed at her, threatened her and smacked her in the face with an open hand. The officer observed that the complainant was crying, sobbing and in an excited state. He further observed that she had bruising and swelling about the eye and face. This court held that the complainant's statements constituted an excited utterance, concluding that her injuries were the result of a startling or upsetting event and that the approximately twenty minute interval between the time of the incident and the time of the officer's arrival did not provide her with a significant opportunity
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for fabrication.
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