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PEOPLE v. MASKOW

44 A.D.3d 302 (2007)

844 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BURTON MASKOW, Appellant.

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

Decided October 2, 2007.

The victim's statements to her daughter and to a 911 operator, made shortly after the incident, were properly admitted as excited utterances because the evidence, including testimony as to the victim's demeanor, established that she was still under the influence of the stress of the attack upon her (see People v Johnson, 1 N.Y.3d 302 [2003]). Defendant's remaining arguments regarding these statements are unpreserved and we decline...

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