PEOPLE v. VEERASWAMY (2004)

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 4 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 N.Y.3d 302, 772 N.Y.S.2d 238, 804 N.E.2d 402 [2003];  People v. Valladi, 4 A.D.3d 195, 771 N.Y.S.2d 646 [2004], lv. denied 2 N.Y.3d 808, 781 N.Y.S.2d 307, 814 N.E.2d 479 [2004] ).

We perceive no basis for reducing the sentence.