People v. Simpson

Joy, J.,

dissents and votes to reverse the judgment and grant the defendant a new trial with the following memorandum in which Goldstein, J., concurs. I respectfully disagree with my colleagues. In my opinion, it was reversible error not to strike the 911 tape recording from evidence after the complainant admitted on cross-examination that she had knowingly and purposely lied to the 911 operator that the defendant had a gun. Accordingly, I would reverse and grant a new trial.

The underpinnings of the excited utterance exception to the prohibition against hearsay evidence require that in order…