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PEOPLE v. MATTHEWS

Ind. Nos. 980/16, 4347/17. Appeal No. 14099. Case No. 2018-03295.

195 A.D.3d 543 (2021)

145 N.Y.S.3d 808

2021 NY Slip Op 03999

The People of the State of New York, Respondent, v. Narada Matthews, Appellant.

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

Decided June 22, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( John T. Hughes of counsel), for respondent.

Concur— Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ.

The court providently exercised its discretion in declining, on grounds of irrelevance and unreliability, to admit two 911 calls offered by the defense as present sense impressions (see generally People v Aska, 91 N.Y.2d 979, 981 [1998]; People v Scarola, 71 N.Y.2d 769, 777 [1988]). The unidentified hearsay declarants made observations that differed somewhat from testimony given by People...

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