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People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 586 (N.Y. App. Div. 1999)

Opinion

Argued September 16, 1999

October 28, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.).


ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's Sandoval ruling balanced the relevant factors and formulated an appropriate compromise, and was not an improvident exercise of discretion (see, People v. Walker, 83 N.Y.2d 455 ; People v. Pavao, 59 N.Y.2d 282 ;People v. Sandoval, 34 N.Y.2d 142).

The defendant also claims that the court improperly excluded from evidence an audiotape recording of a telephone call to the 911 emergency number in which the caller named persons other then the defendant as the perpetrators of the crime. However, after a hearing to determine the exact dialogue of the 911 call, the declarant admitted that she did not remember who told her that "Super John and Travis" were the shooters, nor could she state whether the persons who gave her those names actually witnessed the shooting. Under these circumstances, the court properly excluded the tape (see, People v. Matos, 107 A.D.2d 823 ; People v. Caviness, 38 N.Y.2d 227 ).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., THOMPSON, SULLIVAN, and SMITH, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 586 (N.Y. App. Div. 1999)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE, ETC., respondent, v. KAREEM STEWART, appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 586 (N.Y. App. Div. 1999)
698 N.Y.S.2d 37

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