Opinion
April 1, 1991
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed.
The complainant's question, "What are you doing in my house?" was heard by his neighbor seconds after the neighbor looked through her peephole and saw the complainant entering the complainant's apartment. Immediately thereafter, the neighbor observed a fight between the complainant and an unidentified individual. Minutes later, the complainant and the defendant were apprehended by the police and the defendant was found to be concealing several burglar's tools as well as property from the complainant's apartment. The surrounding circumstances reasonably justify the conclusion that the complainant interrupted the defendant as he was burglarizing the complainant's home, and that when he made this statement, the complainant did not have sufficient time to deliberate. Thus, his statement was not a product of studied reflection, and was properly admitted into evidence as an excited utterance (see, People v. Linton, 166 A.D.2d 670; see also, People v. Brown, 70 N.Y.2d 513, 519; People v Edwards, 47 N.Y.2d 493, 497).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, People v. Bynum, 70 N.Y.2d 858; People v. Barrett, 166 A.D.2d 657; People v. Cardona, 136 A.D.2d 556; People v. Villalona, 162 A.D.2d 565; see also, People v. Way, 59 N.Y.2d 361; People v. Suitte, 90 A.D.2d 80). Brown, J.P., Kooper, Harwood and Miller, JJ., concur.