People v. Idlett

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 18, 2000
• Status: 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 unpreserved for appellate review or without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.