PEOPLE v. SANTIAGO


33 A.D.3d 448 (2006)

823 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SANTIAGO, Appellant.

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

Decided October 17, 2006.


The court properly excluded hearsay evidence offered by defendant. The evidence consisted of a 911 tape in which an identified caller who was not a witness to the incident provided a description of the assailant that was at variance with the description given by an eyewitness. This eyewitness testified that he never gave the caller any description. We reject defendant's argument that the description on the 911 tape was admissible as a prior inconsistent statement by the eyewitness...

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