From Casetext: Smarter Legal Research

People v. Idlett

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 750 (N.Y. App. Div. 2000)

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.


Summaries of

People v. Idlett

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 750 (N.Y. App. Div. 2000)
Case details for

People v. Idlett

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. GAIL IDLETT, APPELLANT. (IND. NO. 5450/98)

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

Date published: Sep 18, 2000

Citations

275 A.D.2d 750 (N.Y. App. Div. 2000)
713 N.Y.S.2d 496

Citing Cases

People v. Scott

No such evidence was adduced at the trial, and defendant was not charged with any offense regarding the…