PEOPLE v. MUHAMMAD


13 A.D.3d 120 (2004)

787 N.Y.S.2d 8

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHID MUHAMMAD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY BROOKS, Appellant.

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

December 9, 2004.


The court properly exercised its discretion in excluding evidence of a 911 call, since it failed to qualify as an excited utterance because of the lack of evidence of the agitated or stressed condition of the declarant (see People v Johnson, 1 N.Y.3d 302, 306 [2003]; People v Vasquez, 88 N.Y.2d 561, 574-575 [1996]), and since it failed to qualify as a present sense impression because of...

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