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PEOPLE v. MERRITT

Ind. No. 208/15. Appeal No. 13686. Case No. 2016-2044.

193 A.D.3d 661 (2021)

146 N.Y.S.3d 259

2021 NY Slip Op 02615

The People of the State of New York, Respondent, v. William Merritt, Appellant.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Ronald Zapata of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Claire E. Nielsen of counsel), for respondent.

Concur—Webber, J.P., Singh, González, Shulman, JJ.

The trial court erred in admitting into evidence the complainant's 911 call as a present sense impression exception to the hearsay rule (see People v Vasquez, 88 N.Y.2d 561 [1996]). The complainant testified that following the incident he walked almost one full block before he thought about the incident and decided to return to the scene and call 911. While he estimated that it was three to five minutes after the incident, additional...

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