NM Judges Training

At trial, Allen testifies that after everyone got out of their cars, Carl, the pedestrian, came up to Allen and Bob and said to both of them that the light had turned yellow before Bob entered the intersection. Bob objects on the grounds of hearsay. How do you rule?

Sustained. Carl made the statement at the scene and, as an out-of-court statement offered to prove that the light was changing, it is hearsay.
Overruled. The statement was not offered to prove that the light was green or red and therefore is not hearsay.
Overruled. Bob was present when Carl made the statement so it is admissible.

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