¶1*896The trial court did not err in finding that the complainant’s statements on a recording of his telephone call to the 911 emergency number were excited utterances and therefore admissible (see People v Johnson, 1 NY3d 302, 306 [2003]; People v Gantt, 48 AD3d 59 [2007]; People v Blackman, 13 AD3d 640, 641 [2004]; People v Prashad, 297 AD2d 352 [2002]; cf. People v Carroll, 95 NY2d 375, 385 [2000]; People v Vasquez, 88 NY2d 561, 579 [1996]). Fisher, J.P., Dillon, McCarthy and Belen, JJ., concur.
49 A.D.3d 895
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008
Appellate Division of the Supreme Court of the State of New York · decided 2008-03-25
Decided 2008-03-25