Excited Utterance:

• Library: The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► EXCITED UTTERANCE: The excited utterance exception to the hearsay rule "permits a court to admit an out-of-court statement made in response to a startling or upsetting event, if the circumstances surrounding the statement reveal that it was made while the declarant was under the stress of excitement and 'lack[ed] the reflective capacity essential for fabrication' (see People v Johnson, 1 NY3d 302, 306 [2003]). The decision to admit hearsay as an excited utterance is left to the sound judgment of the...