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PEOPLE v. BROWN

80 N.Y.2d 729 (1993)

The People of the State of New York, Respondent, v. Michael Brown, Also Known as Michael Lewis, Also Known as William Brown, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn, New York City (Michael A. Freeman of counsel), and Philip L. Weinstein, New York City, William E. Hellerstein and Andrew C. Fine for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Robert L. Moore and Peter D. Coddington of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, BELLACOSA and WEISS concur; Judges KAYE and SMITH taking no part.

HANCOCK, JR., J.

In defendant's trial on burglary and other charges, recordings of two 911 transmissions describing the events in progress were received in evidence against him. His appeal presents a question of first impression in our Court: whether such evidence may properly be admitted under the present sense impression exception to the hearsay rule. For reasons to be explained, we hold that the present sense...

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