Appellate Division of the Supreme Court of New York, 2000

People v. Blake

People v. Blake
Appellate Division of the Supreme Court of New York · Decided December 27, 2000
278 A.D.2d 887; 718 N.Y.S.2d 917; 2000 N.Y. App. Div. LEXIS 13661
People v. Blake

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s request for a missing witness charge. Testimony from those additional witnesses would have been cumulative (see, People v Gonzalez, 68 NY2d 424, 428; People v Early, 266 AD2d 881, 881-882, lv denied 94 NY2d 918). We reject defendant’s further contention that the court erred in excluding hearsay testimony. The testimony concerned a “recalled or recast description of events that were observed in the recent past,” and thus did not fall within the present sense impression exception to the hearsay rule (People v Vasquez, 88 NY2d 561, 575). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Hurlbutt, Kehoe and Lawton, JJ.

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