| People v George |
| 2010 NY Slip Op 09938 [79 AD3d 1148] |
| December 28, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William George, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky,and Michael J. Balch of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg,J.), rendered October 16, 2008, convicting him of robbery in the first degree and robbery in thesecond degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that the Supreme Court deprived him of his right to a public trial isunpreserved for appellate review (see People v Alvarez, 76 AD3d 1098 [2010];People v Vatansever, 5 AD3d 406, 407 [2004]). In any event, the defendant's contentionis without merit (see People v Colon, 71 NY2d 410, 416 [1988], cert denied 487US 1239 [1988]; People v Martin, 71 AD3d 917 [2010], lv granted 15 NY3d 753[2010]; People v Gibbons, 18 AD3d 773 [2005]; cf. Presley v Georgia, 558 US—, 130 S Ct 721 [2010]).
Contrary to the defendant's contention, the Supreme Court properly admitted into evidencethe audiotape of a telephone call by the complainant to the 911 emergency number under thepresent sense impression exception to the hearsay rule. Although the call was made after theperpetrators left the complainant's store, the time delay was not sufficient to destroy the indicia ofreliability upon which this hearsay exception rests (see People v York, 304 AD2d 681[2003]; People v Smith, 267 AD2d 407, 408 [1999]). Skelos, J.P., Dickerson, Belen andLott, JJ., concur.