Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Shah

Panel Finds 911 Recording Properly Admitted Under Excited Utterance Hearsay Exception

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION & ORDER

*1  Appeal from a judgment of the District Court of Nassau County, First District (Joy M. Watson, J.), rendered April 8, 2016. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.PER CURIAMORDERED that the judgment of conviction is affirmed.Defendant was charged with three counts of endangering the welfare of a child (Penal Law §260.10 [1]) and three counts of assault in the third degree (Penal Law §120.00 [1]). The charges were based on allegations that defendant had assaulted the complainant, his exwife, on three separate occasions; that two of the assaults had occurred in front of their minor son; and that defendant had intentionally left the son unattended in a vehicle.At a jury trial, the People introduced into evidence the testimony of the complainant as to the alleged incidents, as well as a recording of a 911 call that the complainant had made following the last alleged assault. The People also introduced the testimony of the complainant’s mother, who testified, among other things, that the relationship between defendant and the complainant was “not good” and that, on the day when the first assault had allegedly occurred, she had observed injuries on the complainant’s nose and hands. Following the trial, defendant was convicted of one count of assault in the third degree (Penal Law §120.00 [1]), the count based on the last assault, and was acquitted of the remaining charges. On appeal, defendant challenges the admission of the 911 recording and the complainant’s mother’s testimony.A 911 recording is generally inadmissible on grounds both of

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Judicial Secretary I, Judicial Secretary II, or Judicial Assistant

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a full-time regular Judicial Secretary I, Judic...


Apply Now ›
County Attorney

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...


Apply Now ›
Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›
Go to Lawjobs