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PEOPLE v. KELLO

96 N.Y.2d 740 (2001)

746 N.E.2d 166

723 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TITO KELLO, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 2001.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jan Hoth-Uzzo and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Raffaelina Gianfrancesco and Joseph N. Ferdenzi of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

In this homicide and weapons possession prosecution, the People adduced evidence from two eyewitness-companions of defendant that, around 4:30 A.M. on August 12, 1993, at the corner of Monroe Avenue and 175th Street in the Bronx, defendant shot the victim at close range, causing his death. At trial, the People introduced as evidence tapes of 911 telephone calls...

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