People v. Luke

Judgments, Supreme Court, Bronx County (Megan Tallmer, *204J.), rendered October 21, 2002, convicting defendant, after a jury trial, of assault in the second degree, and convicting him, upon his plea of guilty, of promoting prison contraband in the first degree, and sentencing him to concurrent terms of 5 years and 1 to 3 years, unanimously affirmed.

The court properly admitted the testifying victim’s statement to a social worker as an excited utterance (see People v Johnson, 1 NY3d 302 [2003]). The evidence established that the distraught victim, described by a witness as hysterical, was still…