PEOPLE v. ANDERSON


4 A.D.3d 302 (2004)

771 N.Y.S.2d 663

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT ANDERSON, Appellant.

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

February 26, 2004.


The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). There was nothing implausible about the victim's account of the incident.

The victim's 911 call, made immediately after the crime, was properly admitted as an excited utterance, notwithstanding that some of the statements were in response to questions asked by the 911 operator...

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