Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2008PublishedCited by 4 opinions
1Opinion of the Court
*299Judgment, Supreme Court, Bronx County (Ira R. Globerman, J.), rendered September 27, 2002, convicting defendant, after a jury trial, of sodomy in the first degree and endangering the welfare of a child, and sentencing him to an aggregate term of 18 years, unanimously affirmed.
The court properly admitted, as an excited utterance, the tape of a 911 call made by the victim’s mother, who testified at trial. She made the call shortly after discovering the victim being abused by defendant, without any opportunity to reflect or fabricate (see People v Johnson, 1 NY3d 302, 306 [2003]; People v…
2Cases cited6 opinions
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. EdwardsNew York Court of Appeals · 1979
- People v. JohnsonNew York Court of Appeals · 2003
- People v. HoustonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 2023
- People v. MooreAppellate Terms of the Supreme Court of New York · 2015
- People v. PageAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BirchAppellate Division of the Supreme Court of the State of New York · 2024