PEOPLE v. YIQIAO WANG

Ind. No. 4975/17. Appeal No. 13089. Case No. 2019-3069.

191 A.D.3d 485 (2021)

138 N.Y.S.3d 301

2021 NY Slip Op 00813

The People of the State of New York, Respondent, v. Yiqiao Wang, Appellant.

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

Decided February 9, 2021.


Attorney(s) appearing for the Case

Myers & Galiardo, LLP, New York ( Matthew D. Myers of counsel), for appellant.

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

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.


The court providently exercised its discretion in admitting the victim's 911 call as an excited utterance. The call was made 20 to 30 minutes after the victim had been raped and assaulted at defendant's apartment, while she was crying, and after she had unsuccessfully tried to find a police station to report the incident. The call and surrounding circumstances establish that the victim made her statements while she was under the stress of excitement and lacked the reflective...

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