PEOPLE v. POWELL

The trial court properly admitted statements made by the complainant to the police as excited utterances. The record establishes that the complainant spoke while under the stress or influence of the excitement caused by the rape, so that her reflective capacity was stilled (see,People v. Caviness, 38 N.Y.2d 227, 230-231). The event was a forcible rape, the amount of time that had elapsed was short by any view of the evidence, and every witness agreed that at all relevant times pertaining to the statements to the police, the complainant was still crying, shaking and very upset.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.