People v. Buie

OPINION OF THE COURT

Bellacosa, J.

Defendant appeals by leave of a Judge of this Court from an order affirming his conviction, after a jury trial, of burglary and related offenses. The evidentiary law question is whether the admission of a 911 tape under New York’s present sense impression hearsay exception, where the declarant was available and testified at trial, improperly "bolstered” that victim-witness’s testimony. We hold first that the declarant’s availability at trial does not preclude the admissibility of the tape under that hearsay exception (see, People v Brown, 80 NY2d 729) and that…