PEOPLE v. RIVERA

Following defendant's attempt to controvert testimony of the People's witnesses regarding defendant's display of what appeared to be a gun during the robbery, the trial court properly ruled that, in the circumstances here presented, the 911 tape was admissible both as appropriate rebuttal of the recent fabrication implication (see, People v Jimenez, 102 A.D.2d 439, 443-444), and as an excited utterance exception to the hearsay rule (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).

We have considered defendant's related and additional claims of error and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Kassal, JJ.