People v. Harvey

OPINION OF THE COURT

Donald J. Mark, J.

The defendant was charged with the crimes of criminal possession of a weapon in the second degree and reckless endangerment in the first degree, as a result of his firing a handgun at the victim. The victim did not appear at the trial,1 so over the defendant’s objection, the “911” tape of the victim’s call *570was admitted under the “present sense” exception to the hearsay rule. The tape disclosed that immediately after the shooting, the victim, in a highly agitated state, called the “911” operator, described the incident and related the full name of the…