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PEOPLE v. RIVERA

186 A.D.2d 396 (1992)

The People of the State of New York, Respondent, v. Juan Rivera, Appellant

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

October 8, 1992

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...

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