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People v. Heyward

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1999
263 A.D.2d 358 (N.Y. App. Div. 1999)

Opinion

July 1, 1999.

Judgment, Supreme Court, New York County (James Leff, J.), rendered October 24, 1996, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/2 to 7 years, unanimously affirmed.

PRESENT: Sullivan, J.P., Nardelli, Tom, Saxe and Friedman, JJ.


The contents of the complainant's 911 call were properly admitted under the excited utterance exception, since the statements were clearly made under the stress of excitement caused by the crime ( see, People v. Edwards, 47 N.Y.2d 493, 497).

The challenged portion of the prosecutor's summation was proper because it was based on the trial testimony. Defendant had ample opportunity to exploit an inconsistency between the testimony in question and a prior statement, and the effect of such inconsistency was a question for the jury.


Summaries of

People v. Heyward

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1999
263 A.D.2d 358 (N.Y. App. Div. 1999)
Case details for

People v. Heyward

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE HEYWARD…

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

Date published: Jul 1, 1999

Citations

263 A.D.2d 358 (N.Y. App. Div. 1999)
694 N.Y.S.2d 26