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PEOPLE v. LANE

2018-13487. Ind. No. 769/17.

189 A.D.3d 1265 (2020)

134 N.Y.S.3d 213

2020 NY Slip Op 07591

The People of the State of New York, Respondent, v. Sidney Lane, Appellant.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr. , District Attorney, White Plains, NY ( William C. Milaccio of counsel), for respondent.

Dillon, J.P., Chambers, Miller and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was convicted of two counts of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15[3], [4]). At the trial, the recording of a complainant's call to 911 was played for the jury, with no objection from the defendant, under the excited utterance exception to the rule against hearsay. On appeal, in addition to asserting that the jury's verdict was...

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