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PEOPLE v. GUTIERREZ

248 A.D.2d 295 (1998)

670 N.Y.S.2d 85

The People of the State of New York, Respondent, v. Pedro Gutierrez, Also Known as Pedro Gutierez, Appellant

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

March 26, 1998

The 911 call by an anonymous caller three minutes after the shooting was sufficiently contemporaneous to qualify for admission under the present sense impression exception. In any event, any error in admission of this evidence was harmless in view of the overwhelming evidence of defendant's guilt (People v Johnson, 213 A.D.2d 241, lv denied 86 N.Y.2d 782).

The evidence of defendant's guilt of depraved indifference...

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