People v. Veeraswamy — 11 A.D.3d 345

Majority

p. 345

(October 21, 2004)

The People of the State of New York, Respondent, v Natasha Veeraswamy, Appellant.

[784 NYS2d 488]

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered September 26, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing her to a term of four years, unanimously affirmed.

The court properly admitted a tape of a 911 call, made by a testifying declarant, under the excited utterance exception to the hearsay rule. The record establishes that the declarant, one of the victims of a home invasion robbery involving imminent danger to a young child, made the 911 call immediately after the crime while still under the stress and excitement resulting from the incident (see People v Johnson, 1 NY3d 302 [2003]; People v Valladi, 4 AD3d 195 [2004], lv denied 2 NY3d 808 [2004]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J, Mazzarelli, Andrias, Marlow and Catterson, JJ.

Cases cited

People v. Johnson 1 NY3d 302 N.Y. 2003-12-22 p. 345
People v. Valladi 4 AD3d 195 N.Y. App. Div. 2004-02-19 p. 345