The complainant's 911 call was properly admitted as an excited utterance, where it was made five minutes after defendant forced his way into the complainant's apartment, threw her to the floor and successfully struggled with her for her pocketbook. The record establishes that, at the time of the 911 call, she was under the influence of this startling event (see, People v Edwards,
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PEOPLE v. WALKER
238 A.D.2d 246 (1997)
657 N.Y.S.2d 13
The People of the State of New York, Respondent, v. James Walker, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 22, 1997
April 22, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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