People v. Vasquez, 70 N.Y.2d 951 (1988)
For a hearsay statement to qualify as an excited utterance, the proponent must demonstrate that the declarant’s statement was made under the stress of excitement caused by a startling event, effectively stilling the declarant’s reflective powers.
Summary
The Court of Appeals affirmed the Appellate Division’s order, holding that the prosecution failed to demonstrate that the hearsay statements in question qualified as excited utterances. The statements, made by the stabbing victim some time after the event and continuing through his hospitalization, were not shown to have been made under the influence of the stabbing. The Court found that the declarant’s level of responsiveness, activity, and condition suggested the remarks were not made under the impetus of the event but rather could have resulted from studied reflection. Therefore, the statements were inadmissible hearsay.
Facts
The declarant was stabbed. After the stabbing, the declarant made several statements, beginning some time after the event and continuing through Ms hospitalization. The prosecution sought to introduce these statements as evidence. The defense objected, arguing the statements were inadmissible hearsay. The prosecution argued that the statements fell under the excited utterance exception to the hearsay rule.
Procedural History
The trial court admitted the statements. The defendant was convicted. The Appellate Division reversed, finding the statements should not have been admitted. The People appealed to the Court of Appeals.
Issue(s)
Whether the prosecution met its burden of establishing that the declarant’s hearsay statements fell within the excited utterance exception to the hearsay rule, by showing that the statements were made under the influence of the startling event and stilled the declarant’s reflective powers.
Holding
No, because the prosecution failed to demonstrate that the declarant’s statements were made under the influence of the event and stilled his reflective powers. The declarant’s level of responsiveness, activity and condition suggested the remarks were not made under the impetus of the event but rather could have resulted from studied reflection.
Court’s Reasoning
The Court of Appeals held that the prosecution failed to establish that the hearsay statements fell within the excited utterance exception. The Court emphasized that for a statement to qualify as an excited utterance, it must be made under the immediate and uncontrolled domination of the senses, and during the brief period when consideration of self-interest could not have been brought fully to bear by reasoned reflection. The Court cited prior precedent: “From declarant’s level of responsiveness, Ms activity and his condition, it could not reasonably be concluded ‘that the remarks were not made under the impetus of studied reflection.’” (People v Edwards, 47 NY2d 493, 497). The Court determined that the circumstances surrounding the statements did not preclude the possibility of studied reflection, and therefore the statements were inadmissible. The Court declined to address other arguments raised by the Appellate Division concerning the specific standards applied to police questioning and the relevance of a later recantation by the declarant, as the primary issue of whether the statements qualified as excited utterances was dispositive. The court explicitly stated that whether the exception applies requires factual determinations that are made by the trial court, but whether a given set of facts takes a declarant’s statement outside the exception is a question of law that the Court of Appeals may review. (People v. Brown, 70 NY2d 513, 520)