People v. Sykes

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 21, 2002, convicting defendant, after a jury trial, of criminal possession of stolen property in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The trial court properly admitted, as an excited utterance, a declaration made by the nontestifying attendant at a parking garage to his supervisor and friend in which he stated that two cars had just been taken at gunpoint by four men. The evidence, including testimony as to the declarant’s demeanor, supported the conclusion that the…