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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1992
186 A.D.2d 396 (N.Y. App. Div. 1992)

Opinion

October 8, 1992

Appeal from the Supreme Court, Bronx County, Fred W. Eggert, J.


Following defendant's attempt to controvert testimony of the People's witnesses regarding defendant's display of what appeared to be a gun during the robbery, the trial court properly ruled that, in the circumstances here presented, the 911 tape was admissible both as appropriate rebuttal of the recent fabrication implication (see, People v Jimenez, 102 A.D.2d 439, 443-444), and as an excited utterance exception to the hearsay rule (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).

We have considered defendant's related and additional claims of error and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Kassal, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Oct 8, 1992
186 A.D.2d 396 (N.Y. App. Div. 1992)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RIVERA, Appellant

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

Date published: Oct 8, 1992

Citations

186 A.D.2d 396 (N.Y. App. Div. 1992)
588 N.Y.S.2d 190

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