PEOPLE v. NICHOLAS

2010-08377

113 A.D.3d 701 (2014)

978 N.Y.S.2d 695

2014 NY Slip Op 243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEVELAND NICHOLAS, Appellant.

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

Decided January 15, 2014.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered August 18, 2010, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, under the circumstances of this case, the Supreme Court properly admitted into evidence a recording of the complainant's 911 emergency call under the excited utterance exception...

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