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PEOPLE v. HANG FAN KO

187 A.D.2d 268 (1992)

The People of the State of New York, Respondent, v. Hang Fan Ko, Appellant

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

November 5, 1992

The tape recording of the complainant's 911 call was properly introduced into evidence as an excited utterance. An excited utterance is admissible if the declarant "was under the stress of excitement caused by an external event sufficient to still his reflective faculties, thereby preventing opportunity for deliberation which might lead the declarant to be untruthful" (People v Brown, 70 N.Y.2d 513, 519). Contrary to defendant's...

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