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PEOPLE v. VEERASWAMY

Appellate Division of the Supreme Court of New York, First Department.
Oct 21, 2004

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; People v. Valladi, 4 AD3d 195, lv denied 2 NY3d 808).

We perceive no basis for reducing the sentence.