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PEOPLE v. HOLTON

225 A.D.2d 1020 (1996)

640 N.Y.S.2d 707

The People of the State of New York, Respondent, v. Robert Holton, Appellant. (Appeal No. 1.)

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

March 8, 1996

Judgment unanimously affirmed.

Memorandum:

Supreme Court did not err in admitting into evidence a tape recording of a telephone call placed to plant security personnel by the victim of an attempted robbery immediately after the incident. The evidence was properly admitted pursuant to the present sense impression exception to the hearsay rule (see, People v Buie, 86 N.Y.2d 501; People v Brown,

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