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PEOPLE v. BUIE

201 A.D.2d 156 (1994)

The People of the State of New York, Respondent, v. Willie Buie, Appellant

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

July 15, 1994

Attorney(s) appearing for the Case

Edward J. Nowak, Rochester (Stephanie Batcheller of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County (Robert Mastrocola of counsel), for respondent.

LAWTON and BOEHM, JJ., concur with WESLEY, J.; GREEN, J. P., concurs in result in a separate opinion in which BALIO, J., concurs.

WESLEY, J.

At defendant's trial on burglary and other charges, a tape recording of the victim's telephone call to 911 was received in evidence. Defendant's appeal raises the question whether the 911 tape was properly admitted under the present sense impression exception to the hearsay rule (see, People v Brown, 80 N.Y.2d 729) when the declarant was available...

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