PEOPLE v. VALLADI


4 A.D.3d 195 (2004)

771 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MESHACH VALLADI, Appellant.

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

February 19, 2004.


The court properly admitted the victim's 911 tape under the excited utterance exception to the hearsay rule. The evidence, including the tape itself, establishes that the victim made the call immediately after the termination of a particularly heinous home-invasion robbery involving imminent danger to a young child, and that at the time of the call the victim was still under stress and excitement resulting from this incident and was not yet capable of studied reflection ...

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