People v. Nicholas

Contrary to the defendant’s contention, under the circumstances of this case, the Supreme Court properly admitted into evidence a recording of the complainant’s 911 emergency call under the excited utterance exception to the hearsay rule (see People v Dockery, 107 AD3d 913, 913-914 [2013]; People v Clarke, 101 AD3d 897, 897-898 [2012]).

Furthermore, the Supreme Court’s Molineux ruling (see People v Molineux, 168 NY 264 [1901]) constituted a provident exercise of discretion. The evidence at issue was admissible to establish the defendant’s motive and to complete the narrative of events, and its…