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PEOPLE v. ALMONTE

6392 923/12.

160 A.D.3d 594 (2018)

76 N.Y.S.3d 125

2018 NY Slip Op 02901

The People of the State of New York, Respondent, v. Emmanuel Almonte, Appellant.

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

Decided April 26, 2018.

The court properly admitted a 911 phone call between the victim and a 911 dispatcher under the excited utterance exception to the hearsay rule (see People v Johnson, 1 N.Y.3d 302, 306 [2003]; People v Vasquez, 88 N.Y.2d 561, 579 [1996]). The victim's statements were made within minutes after he was attacked. The record indicates that he was still under the influence of the stress of the...

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