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911 CALL AND PRIOR CONSISTENT STATEMENT PROPERLY ADMITTED AS EXCITED UTTERANCES.

The Second Department determined a 911 call and a prior consistent statement were properly admitted as excited utterances:

… [T]he recording of the 911 call was properly admitted into evidence under the excited utterance and present sense impression exceptions to the hearsay rule, as the probative value of this evidence outweighed any prejudicial effect … .

The defendant contends that he was deprived of a fair trial when the prosecutor elicited testimony from a police officer and the victim’s niece regarding statements made by the victim’s son at the scene, which improperly bolstered the testimony of the victim’s son identifying the defendant as the shooter. … . If a proffered statement also meets the requirements to be admitted as an excited utterance, its admission would be proper, notwithstanding the characterization as a prior consistent statement … . Here, the Supreme Court properly admitted the testimony of the police officer and the victim’s niece concerning the statements of the victim’s son at the scene identifying the defendant as the shooter under the excited utterance exception to the hearsay rule, and that testimony did not constitute improper bolstering … . People v Chin, 2017 NY Slip Op 01880, 2nd Dept 3-15-17

 

CRIMINAL LAW (911 CALL AND PRIOR CONSISTENT STATEMENT PROPERLY ADMITTED AS EXCITED UTTERANCES)/EVIDENCE (CRIMINAL LAW, 911 CALL AND PRIOR CONSISTENT STATEMENT PROPERLY ADMITTED AS EXCITED UTTERANCES)/HEARSAY (CRIMINAL LAW, 911 CALL AND PRIOR CONSISTENT STATEMENT PROPERLY ADMITTED AS EXCITED UTTERANCES)/EXCITED UTTERANCES (CRIMINAL LAW, 911 CALL AND PRIOR CONSISTENT STATEMENT PROPERLY ADMITTED AS EXCITED UTTERANCES)

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