People v. Rodolfo Hernandez
AD2 order dated April 15, 2015, affirming judgment of conviction. Decision below: 127 AD3d 991, 6 NYS3d 634. Pigott, J., granted leave August 14, 2015.
ISSUES PRESENTED: Whether the child’s out-of-court communications, as testified to by her parents, were erroneously admitted into evidence as excited utterances; whether the statements were testimonial in nature. (Assigned counsel: Anna Pervukin & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)