People v. Ferguson

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J.), rendered March 26, 2012, as amended April 23, 2012, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 15 years, unanimously affirmed.

Defendant’s right of confrontation was not violated when the court admitted, as an excited utterance, a nontestifying declarant’s 911 call made shortly after defendant stabbed the victim. The statements made by the caller were not testimonial because, based on an “objective analysis of the circumstances” (Michigan v Bryant, 562 US 344, 360…