People v Veeraswamy
2004 NY Slip Op 07576 [11 AD3d 345]
October 21, 2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Division, First Department
As corrected through Wednesday, December 15, 2004


The People of the State of New York, Respondent,
v
Natasha Veeraswamy, Appellant.

[*1]

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered September 26, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing her to a term of four years, unanimously affirmed.

The court properly admitted a tape of a 911 call, made by a testifying declarant, under the excited utterance exception to the hearsay rule. The record establishes that the declarant, one of the victims of a home invasion robbery involving imminent danger to a young child, made the 911 call immediately after the crime while still under the stress and excitement resulting from the incident (see People v Johnson, 1 NY3d 302 [2003]; People v Valladi, 4 AD3d 195 [2004], lv denied 2 NY3d 808 [2004]).

We perceive no basis for reducing the sentence. Concur—Buckley, P.J., Mazzarelli, Andrias, Marlow and Catterson, JJ.