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PEOPLE v. DAVIS

Appellate Division of the Supreme Court of New York, Second Department.
Mar 25, 2008

Ordered that the judgment is affirmed.

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; People v Gantt, 48 AD3d 59; People v Blackman, 13 AD3d 640, 641; People v Prashad, 297 AD2d 352; cf. People v Carroll, 95 NY2d 375, 385; People v Vasquez, 88 NY2d 561, 579).