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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND WILLIAMS, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that his conviction should be vacated because he was denied his right to a speedy trial pursuant to CPL 30.30 is without merit. The trial court correctly concluded that the delays occasioned by the necessity of obtaining blood and saliva samples from the defendant and his two codefendants, performing the genetic tests, and obtaining the written results of those analyses were exceptional circumstances within the meaning of CPL 30.30 (4) (g) (i) ( see, People v. Washington, 43 N.Y.2d 772, 774).

The trial court properly determined that an audiotape of a telephone call to the 911 emergency number placed by the victim shortly after the incident was admissible as an excited utterance ( see, People v. Palmer, 237 A.D.2d 311; People v. Lewis, 222 A.D.2d 1058; see also, People v. Brown, 70 N.Y.2d 513). Moreover, the audiotape was properly authenticated ( see, People v Ely, 68 N.Y.2d 520, 527-528).

The defendant's remaining contention is without merit.

Miller, J. P., Ritter, Altman and Krausman, JJ., concur.

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PEOPLE v. WILLIAMS
(Nov 24, 1997)