People v. Neloms

*137Judgment, Supreme Court, New York County (John Cataldo, J.), rendered December 14, 2000, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees, criminal possession of a controlled substance in the seventh degree and criminal use of drug paraphernalia in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years, 7 years, 1 year and 1 year, respectively, unanimously affirmed.

The court properly admitted, as both an excited utterance and a present sense impression, a declaration made to two civilian…