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PEOPLE v. CUMMINGS

2417, 2390/12.

145 A.D.3d 490 (2016)

2016 NY Slip Op 08298

43 N.Y.S.3d 293

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TWANEK CUMMINGS, Appellant.

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

Decided December 8, 2016.

The court providently admitted, as an excited utterance, the statement of an unidentified bystander, audible on the 911 call made by one of the victims, that implicated defendant. All of the circumstances — most significantly that the statement was made immediately after the shooting — established a strong likelihood that the declarant observed the shooting (see People v Fratello, 92 N.Y.2d 565, 571 [1998], cert...

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