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PEOPLE v. HARVEY

191 Misc.2d 569 (2002)

743 N.Y.S.2d 818

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KEVIN HARVEY, Defendant.

Supreme Court, Monroe County.

April 8, 2002.

Attorney(s) appearing for the Case

James Hinman for defendant.

Howard R. Relin, District Attorney (Matthew Nafus of counsel), for plaintiff.

OPINION OF THE COURT

DONALD J. MARK, J.

The defendant was charged with the crimes of criminal possession of a weapon in the second degree and reckless endangerment in the first degree, as a result of his firing a handgun at the victim. The victim did not appear at the trial,1 so over the defendant's objection, the "911" tape of the victim's call was admitted under the "present sense...

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