| People v Whitley |
| 2009 NY Slip Op 01515 [59 AD3d 746] |
| February 24, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Akilah Whitley, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Lois Cullen Valerio,and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Neary, J.), rendered November 14, 2007, convicting her of attempted murder in the seconddegree, assault in the first degree, criminal possession of a weapon in the second degree, andaggravated harassment in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court correctly permitted testimony as to statements identifying the defendantas the assailant, made by the complainant just minutes after she had been shot in the abdomen atclose range, and while she was still in "excruciating pain," to be admitted into evidence asexcited utterances (see People vJohnson, 1 NY3d 302, 306 [2003]; People v Fratello, 92 NY2d 565, 570 [1998];People v Cotto, 92 NY2d 68, 79 [1998]; People v Brown, 70 NY2d 513, 519[1987]; People v Edwards, 47 NY2d 493, 497 [1979]). The statements did notimproperly bolster the complainant's testimony (see People v Buie, 86 NY2d 501, 506[1995]; People v Caviness, 38 NY2d 227, 232 [1975]; People v Coward, 292AD2d 630 [2002]; People v Masas, 244 AD2d 433 [1997]; People v Farrell, 228AD2d 693, 694 [1996]). Spolzino, J.P., Santucci, Angiolillo and Eng, JJ., concur.