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PEOPLE v. SOBA

1 A.D.3d 205 (2003)

767 N.Y.S.2d 219

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS SOBA, Appellant.

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

November 18, 2003.

The 911 tapes that defendant sought to introduce did not qualify for admission under the present sense impression exception to the hearsay rule and were of minimal probative value with relation to the issues raised at trial (see People v Brown, 80 N.Y.2d 729 [1993]). In any event, were we to find that exclusion of any of the tapes was error, we would find the error to be harmless (see...

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