PEOPLE v. CARO

6921, 320/14.

162 A.D.3d 546 (2018)

80 N.Y.S.3d 229

2018 NY Slip Op 04637

The People of the State of New York, Respondent, v. Miguel Caro, Appellant.

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

Decided June 21, 2018.


We find that defendant failed to preserve any objection that the 911 call was neither an excited utterance nor a present sense impression, and we decline to review it in the interest of justice.

The court, however, properly permitted the victim to testify that she had written in her diary what defendant "was doing to [her]" and that he had "touched" her. This testimony, in the context of the victim's sister's report of the crime to the police after reading the diary...

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