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

The PEOPLE of the State of New York, Respondent, v. Terrence HEYWARD, Defendant-Appellant.

Decided: July 01, 1999

SULLIVAN, J.P., NARDELLI, TOM, SAXE and FRIEDMAN, JJ. Patricia Curran, for Respondent. Kathleen H. Sanders, for Defendant-Appellant.

Judgment, Supreme Court, New York County (James Leff, J.), rendered October 24, 1996, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

 The contents of the complainant's 911 call were properly admitted under the excited utterance exception, since the statements were clearly made under the stress of excitement caused by the crime (see, People v. Edwards, 47 N.Y.2d 493, 497, 419 N.Y.S.2d 45, 392 N.E.2d 1229).

 The challenged portion of the prosecutor's summation was proper because it was based on the trial testimony.   Defendant had ample opportunity to exploit an inconsistency between the testimony in question and a prior statement, and the effect of such inconsistency was a question for the jury.


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