Opinion
4352
October 21, 2004.
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.
Before: Buckley, P.J., Mazzarelli, Andrias, Marlow and Catterson, JJ.
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; People v. Valladi, 4 AD3d 195, lv denied 2 NY3d 808).
We perceive no basis for reducing the sentence.