The trial court properly admitted, as an excited utterance, a declaration made by the nontestifying attendant at a parking garage to his supervisor and friend in which he stated that two cars had just been taken at gunpoint by four men. The evidence, including testimony as to the declarant's demeanor, supported the conclusion that the robbery had just occurred and that the declarant was still under the influence of the stress of the incident (see People v. Johnson,
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PEOPLE v. SYKES
26 A.D.3d 203 (2006)
812 N.Y.S.2d 468
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ED SYKES, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 9, 2006.
February 9, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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