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PEOPLE v. POWELL

288 A.D.2d 5 (2001)

732 N.Y.S.2d 216

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY POWELL, Appellant.

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

Decided November 1, 2001.

The trial court properly admitted statements made by the complainant to the police as excited utterances. The record establishes that the complainant spoke while under the stress or influence of the excitement caused by the rape, so that her reflective capacity was stilled (see, People v Caviness, 38 N.Y.2d 227, 230-231). The event was a forcible rape, the amount of time that had elapsed was short by any view of the evidence, and...

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