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PEOPLE v. CARTER

10150, 1736/15.

176 A.D.3d 552 (2019)

113 N.Y.S.3d 73

2019 NY Slip Op 07534

The People of the State of New York, Respondent, v. Elliot Carter, Appellant.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Susan Gliner of counsel), for respondent.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

The court properly admitted the victim's 911 call as an excited utterance (see generally People v Johnson, 1 N.Y.3d 302, 306 [2003]). While the victim made two brief intervening phone calls, neither suggested fabrication or any indication that she was no longer under the stress of the event. The violent and shocking nature of the incident, the short amount of time that passed between the incident and the 911 call, the fact that the...

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