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PEOPLE v. REYNOLDS

2009-03301

83 A.D.3d 1098 (2011)

921 N.Y.S.2d 549

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP REYNOLDS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2011.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the Supreme Court erroneously permitted a statement made by the victim to a witness to be admitted under the "excited utterance" exception to the hearsay rule (see People v Gray, 86 N.Y.2d 10, 19 [1995]; People v Paige, 283 A.D.2d 445 [2001]). In any event, the statement...

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