The People of the State of New York, Respondent v. Willie Buie, Appellant

Summary

The New York Court of Appeals affirmed the conviction, holding that a declarant’s availability does not bar admission of a 911 tape under the present‑sense‑impression hearsay exception and that such admission does not constitute improper bolstering of the victim’s testimony; the error, if any, was deemed harmless. Justice Simons, in a concurring opinion, disagreed that the tape was admissible but also concluded the error was harmless and therefore affirmed.