Majority
p. 895The People of the State of New York, Respondent, v Jared Davis, Appellant. [853 NYS2d 896]
p. 896
The trial court did not err in finding that the complainant’s statements on a recording of his telephone call to the 911 emergency number were excited utterances and therefore admissible (see People v Johnson, 1 NY3d 302 , 306 [2003]; People v Gantt, 48 AD3d 59 [2007]; People v Blackman, 13 AD3d 640 , 641 [2004]; People v Prashad, 297 AD2d 352 [2002]; cf. People v Carroll, 95 NY2d 375 , 385 [2000]; People v Vasquez, 88 NY2d 561 , 579 [1996]). Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.
Cases cited
- People v. Johnson 1 NY3d 302 at 306 p. 896
- People v. Gantt 48 AD3d 59 p. 896
- People v. Blackman 13 AD3d 640 at 641 p. 896
- People v. Carroll 95 NY2d 375 at 385 p. 896
- People v. Vasquez 88 NY2d 561 at 579 p. 896