Opinion
July 10, 1995
Appeal from the Supreme Court, Kings County (Hall, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the trial court erred by refusing to admit into evidence a tape recording of a 911 telephone call that the defendant placed minutes after the shooting, since the record indicates that he had "the time to reflect and possibly fabricate a story" (People v. Wilson, 123 A.D.2d 457, 458; see, People v. Sostre, 51 N.Y.2d 958). Accordingly, the recording was not admissible into evidence as either an excited utterance or a present sense impression.
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contentions and find them to be without merit. Miller, J.P., Altman, Goldstein and Florio, JJ., concur.