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PEOPLE v. DOMINICK

2006-01381.

2008 NY Slip Op 06166

THE PEOPLE, ETC., respondent, v. TRISTON DOMINICK, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Stephen L. Drummond, Queens Village, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly admitted a recording of the complainant's 911 emergency call under the excited utterance exception to the hearsay rule. The statement qualified as an excited utterance, as the evidence warranted the conclusion that the complainant was under the influence of the excitement of the incident and lacked the reflective capacity essential for fabrication (see People v. Gantt...

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