Opinion
No. 2006-03810.
March 25, 2008.
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 of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
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, Johnnette Traill, and Aisha S. Greene of counsel), for respondent.
Before: Fisher, J.P., Dillon, McCarthy and Belen, JJ.
Ordered that the judgment is affirmed.
The trial court did not err in finding that the complainant's statements on a recording of his telephone call to the 911 emergency number were excited utterances and therefore admissible ( see People v Johnson, 1 NY3d 302, 306; People v Gantt, 48 AD3d 59; People v Blackman, 13 AD3d 640, 641; People v Prashad, 297 AD2d 352; cf. People v Carroll, 95 NY2d 375, 385; People v Vasquez, 88 NY2d 561, 579).