People v. Eves

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered January 12, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of criminal mischief in the third degree (Penal Law § 145.05 [2] ). Contrary to defendant’s contention, County Court properly admitted a bystander’s statement in evidence under the present sense impression exception to the hearsay…