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People v. Shah

Panel Finds 911 Recording Properly Admitted Under Excited Utterance Hearsay Exception

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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

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