PEOPLE v. JOSEPH

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

The PEOPLE, etc., Respondent, v. Nigel JOSEPH, Appellant.

Decided: October 29, 2001

DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN and STEPHEN G. CRANE, JJ. Andrew C. Fine, New York, N.Y. (Amy Donner of counsel), for appellant, and appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Marie-Claude P. Wrenn of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), entered May 20, 1997, convicting him of attempted murder in the second degree, intimidating a witness in the third degree, and bribing a witness, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court properly admitted into evidence as an excited utterance a tape recording of the complainant's wife to the 911 emergency telephone number in which she identified the defendant as the person who had shot her husband (see, People v. Brown, 70 N.Y.2d 513, 522 N.Y.S.2d 837, 517 N.E.2d 515).

The sentence imposed was not excessive (People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining arguments, including those raised in his pro se supplemental brief, are unpreserved for appellate review and, in any event, without merit.

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