People v. Veeraswamy

11 A.D.3d 345, 784 N.Y.S.2d 488, 2004 N.Y. App. Div. LEXIS 12381

Opinion

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered September 26, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing her to a term of four years, unanimously affirmed.

The court properly admitted a tape of a 911 call, made by a testifying declarant, under the excited utterance exception to the hearsay rule. The record establishes that the declarant, one of the victims of a home invasion robbery involving imminent danger to a young child, made the 911 call immediately after the crime while still under the stress and excitement resulting from the incident (see People v Johnson, 1 NY3d 302 [2003]; People v Valladi, 4 AD3d 195 [2004], lv denied 2 NY3d 808 [2004]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J, Mazzarelli, Andrias, Marlow and Catterson, JJ.