PEOPLE v. GRACE

2016-10027, Ind. No. 2436/15.

179 A.D.3d 1092 (2020)

114 N.Y.S.3d 668

2020 NY Slip Op 00611

The People of the State of New York, Respondent, v. Davontay Grace, Appellant.

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

Decided January 29, 2020.


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in admitting into evidence the recording of three anonymous 911 calls under the present sense impression exception to the hearsay rule because the element of contemporaneity was not satisfied. The contention is unpreserved for appellate review, since the defendant did not object to the admission of the recording on that ground (see People v Lee, 151 A...

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