People v. Shelter

—Judgment unanimously affirmed. Memorandum: County Court properly exercised its discretion in admitting a statement of an off-duty police officer pursuant to the excited utterance exception to the hearsay rule. The statement was made contemporaneously with a startling event, i.e., within minutes of the officer’s hav*930ing observed a burning vehicle and two men leaving the scene (see, Prince, Richardson on Evidence § 8-604 [Farrell 11th ed]; see also, People v Cotto, 92 NY2d 68, 78-79; People v Edwards, 47 NY2d 493, 497).

Contrary to defendant’s contention, the court properly refused to give an…