PEOPLE v. BUIE


86 N.Y.2d 501 (1995)

658 N.E.2d 192

634 N.Y.S.2d 415

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

Court of Appeals of the State of New York.

Decided October 26, 1995.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Stephanie Batcheller of counsel), for appellant.

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

Judges TITONE, SMITH and LEVINE concur with Judge BELLACOSA; Judge SIMONS concurs in result in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.


BELLACOSA, J.

Defendant appeals by leave of a Judge of this Court from an order affirming his conviction, after a jury trial, of burglary and related offenses. The evidentiary law question is whether the admission of a 911 tape under New York's present sense impression hearsay exception, where the declarant was available and testified at trial, improperly "bolstered" that victim-witness's testimony. We hold first...

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