People v. White — 238 A.D.2d 530

Majority

p. 530

The People of the State of New York, Respondent, v Eric White, Appellant.

[657 NYS2d 911]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Palmieri, J.), rendered April 24, 1995, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

p. 531

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s contentions with regard to a tape recording made of a phone call to the 911 police emergency phone number are for the most part unpreserved for appellate review. As to the preserved contentions, the recording was admissible as a present sense impression since it reflects "spontaneous descriptions of events made substantially contemporaneously with the observations” (People v Brown, 80 NY2d 729 , 734).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 531
People v. Brown 80 NY2d 729 N.Y. 1993-02-18 at 734 p. 531
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 531