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PEOPLE v. HEYWARD

263 A.D.2d 358 (1999)

694 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE HEYWARD, Appellant.

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

Decided July 1, 1999.

The contents of the complainant's 911 call were properly admitted under the excited utterance exception, since the statements were clearly made under the stress of excitement caused by the crime (see, People v Edwards, 47 N.Y.2d 493, 497).

The challenged portion of the prosecutor's summation was proper because it was based on the trial testimony. Defendant had ample opportunity to exploit an inconsistency between the testimony...

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