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PEOPLE v. SHELTER

288 A.D.2d 929 (2001)

732 N.Y.S.2d 192

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANE SHELTER, Appellant.

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

Decided November 9, 2001.

Judgment unanimously affirmed.

Memorandum:

County Court properly exercised its discretion in admitting a statement of an off-duty police officer pursuant to the excited utterance exception to the hearsay rule. The statement was made contemporaneously with a startling event, i.e., within minutes of the officer's having observed a burning vehicle and two men leaving the scene (see, Prince, Richardson on Evidence...

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