People v Davis

2008 NY Slip Op 02859 [49 AD3d 895]

March 25, 2008

Appellate Division, Second Department

As corrected through Wednesday, May 14, 2008

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

—[*1]Lynn W. L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Aisha S. Greene of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.),rendered March 7, 2006, convicting him of robbery in the first degree and criminal possession ofa weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not err in finding that the complainant's statements on a recording of histelephone call to the 911 emergency number were excited utterances and therefore admissible(see People v Johnson, 1 NY3d 302, 306 [2003]; People v Gantt, 48 AD3d 59[2007]; People v Blackman, 13 AD3d 640, 641 [2004]; People v Prashad, 297AD2d 352 [2002]; cf. People v Carroll, 95 NY2d 375, 385 [2000]; People v Vasquez,88 NY2d 561, 579 [1996]). Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.