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People v. Matyszewski

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 2008
47 A.D.3d 646 (N.Y. App. Div. 2008)

Opinion

No. 2005-09449.

January 8, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered September 20, 2005, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Joseph Huttler of counsel), for respondent.

Before: Spolzino, J.P., Ritter, Miller and Dickerson, JJ.


Ordered that the judgment is affirmed.

The Supreme Court did not improvidently exercise its discretion in refusing to admit into evidence a recording of the defendant's telephone call to 911 as an exception to the hearsay rule. The record indicates that the defendant made his exculpatory statements to the 911 operator after he had the time to reflect and possibly fabricate a story ( see People v Sostre, 51 NY2d 958, 960; People v Dalton, 217 AD2d 587, 588, affd sub nom. People v Vasquez, 88 NY2d 561; People v Wilson, 123 AD2d 457, 457-458). Accordingly, the recording was not admissible into evidence either as an excited utterance or a present sense impression ( see People v Vasquez, 88 NY2d 561, 574-575; People v Dalton, 217 AD2d at 588).


Summaries of

People v. Matyszewski

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 2008
47 A.D.3d 646 (N.Y. App. Div. 2008)
Case details for

People v. Matyszewski

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCIN MATYSZEWSKI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 8, 2008

Citations

47 A.D.3d 646 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 118
848 N.Y.S.2d 542

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