Opinion
January 30, 2001.
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered December 4, 1997, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 14 years, unanimously affirmed.
Madeleine Guilmain for respondent.
Dominic J. Sichenzia Pro Se for defendant-appellant.
Before: Sullivan, P.J., Andrias, Wallach, Saxe, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification.
The tape recordings of the complainant's 911 calls were properly introduced into evidence as excited utterances (see, People v. Brown, 70 N.Y.2d 513, 519-520). Clearly the first call, made immediately after the robbery, was made under the excitement and shock of the gunpoint robbery. The record also supports the court's finding that the second call, 15 minutes later, was still made under the influence of the startling event, and that the complainant did not have a significant opportunity to deviate from the truth while he waited for the police to arrive (see, People v. Edwards, 47 N.Y.2d 493, 497).
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.