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PEOPLE v. VASQUEZ

88 N.Y.2d 561 (1996)

670 N.E.2d 1328

647 N.Y.S.2d 697

The People of the State of New York, Respondent, v. Juan Vasquez, Appellant. The People of the State of New York, Respondent, v. John P. Dalton, Appellant. The People of the State of New York, Respondent, v. Randy Adkinson, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Kimberlianne Podlas and Daniel L. Greenberg, New York City, for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan Gliner and Robert M. Raciti of counsel), for respondent in the first above-entitled action.

George W. Albro and Daniel L. Greenberg, New York City, for appellant in the second above-entitled action.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Anthea H. Bruffee and Roseann B. MacKechnie of counsel), for respondent in the second above-entitled action.

Andrew C. Fine, Andrew E. Abraham and Daniel L. Greenberg, New York City, for appellant in the third above-entitled action.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Bruce Seeliger and Steven J. Chananie of counsel), for respondent in the third above-entitled action.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

In each of these three cases, the defendant unsuccessfully sought to introduce hearsay statements that were made in the course of 911 calls on the theory that those statements qualified for admission as "present sense impressions." The appeals from the Appellate Division orders affirming defendants' convictions require us to consider the precise contours of the criteria for present sense impressions...

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