Majority
p. 750The People of the State of New York, Respondent, v Gail Idlett, Appellant. [713 NYS2d 496]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mason, J.), rendered December 3, 1998, convicting her of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s exculpatory statements were made after she had the opportunity to reflect and possibly fabricate (see, People v Vasquez, 88 NY2d 561 ). Accordingly, those statements were not admissible as excited utterances (see, People v Sostre, 51 NY2d 958 ).
The defendant’s remaining contentions are either unpre
p. 751
served for appellate review or without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.
Cases cited
- People v. Vasquez 88 NY2d 561 p. 750
- People v. Sostre 51 NY2d 958 p. 750