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PEOPLE v. CUMMINGS

No. 50.

31 N.Y.3d 204 (2018)

99 N.E.3d 877

75 N.Y.S.3d 484

2018 NY Slip Op 03306

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TWANEK CUMMINGS, Appellant.

Court of Appeals of New York.

Decided May 8, 2018.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Benjamin Wiener and Susan H. Salomon of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ross D. Mazer and Sylvia Wertheimer of counsel), for respondent.

OPINION OF THE COURT

Defendant Twanek Cummings appeals from an order of the Appellate Division affirming the trial court's decision to admit a statement, heard in the background of a 911 call and spoken by an unidentified person, under the excited utterance exception to the hearsay rule. Although we reject his argument that...

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