PEOPLE v. VEERASWAMY

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Natasha VEERASWAMY, etc., Defendant-Appellant.

Decided: October 21, 2004

BUCKLEY, P.J., MAZZARELLI, ANDRIAS, MARLOW, CATTERSON, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Laura I. Appleman of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Karen Swiger of counsel), for respondent.

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.