New York Law (NYLE) Practice Exam

What does the excited utterance and present sense impressions exceptions to the hearsay rule require?

1. The declarant to be unavailable at the time of trial

2. The statement be corroborated

3. The statement be made under the stress of nervous excitement

4. The declarant have personal knowledge of the event

The correct answer is: The declarant have personal knowledge of the event

The response indicating that the declarant must have personal knowledge of the event is accurate because both the excited utterance and present sense impression exceptions to the hearsay rule hinge on the reliability of the statements made by the declarant. In the case of an excited utterance, the declarant's statement must arise from a startling event and be made while the declarant is still under the influence of that excitement. This immediacy implies that the declarant has personal knowledge of the event that caused the excitement, as the statement is a spontaneous reaction rather than a considered opinion or recollection. For present sense impressions, the statement must describe an event or condition as it is occurring or immediately thereafter. Again, this necessitates that the declarant has personal knowledge of the situation to provide reliable testimony about the event as it unfolds. The other answer choices do not accurately reflect the requirements for these exceptions. For instance, requiring the declarant to be unavailable at the time of trial speaks to different hearsay exceptions, such as dying declarations. Similarly, the necessity for corroboration is not a foundational element of these exceptions, as they are based on the contemporaneity and spontaneity of the utterances. The stress of nervous excitement is critical in defining an