Opinion
Argued June 15, 2000.
September 18, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mason, J.), rendered December 3, 1998, convicting her of attempted robbery in the first degree, upon a jury verdict, and imposing sentence .
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant .
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove , Thomas M. Ross, and Gwen M. Schoenfeld of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's exculpatory statements were made after she had the opportunity to reflect and possibly fabricate (see , People v. Vasquez, 88 N.Y.2d 561). Accordingly, those statements were not admissible as excited utterances (see, People v. Sostre, 51 N.Y.2d 958).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.