People v. Idlett

Appellate Division of the Supreme Court of New York

People v. Idlett

275 A.D.2d 750, 713 N.Y.S.2d 496, 2000 N.Y. App. Div. LEXIS 9237

Appellate Division of the Supreme Court of the State of New York·Decided September 18, 2000·Published

Opinion

—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.

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 NY2d 561). Accordingly, those statements were not admissible as excited utterances (see, People v Sostre, 51 NY2d 958).

The defendant’s remaining contentions are either unpre[751]*751served for appellate review or without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.

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—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.

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 NY2d 561). Accordingly, those statements were not admissible as excited utterances (see, People v Sostre, 51 NY2d 958).

The defendant’s remaining contentions are either unpre[751]*751served for appellate review or without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.

People v. Idlett, 275 A.D.2d 750, 713 N.Y.S.2d 496, 2000 N.Y. App. Div. LEXIS 9237 (N.Y. Ct. App. 2000).

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Opinion

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