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PEOPLE v. WINE

279 A.D.2d 424 (2001)

719 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE WINE, Also Known as EUGENE POWER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 30, 2001.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification.

The tape recordings of the complainant's 911 calls were properly introduced into evidence as excited utterances (see, People v Brown, 70 N.Y.2d 513, 519-520). Clearly the first call, made immediately after the robbery, was made under...

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