New York Court of Appeals
The People of the State of New York, Respondent v. Willie Buie, Appellant
October 26, 199586 N.Y.2d 501
Summary
The Court affirmed the Appellate Division's judgment, holding that a 911 call may be admitted under the present sense impression exception even when the declarant is available to testify and that such admission does not constitute improper bolstering of the witness’s in‑court testimony. The decision rests on the view that unavailability is not a prerequisite for that hearsay exception and that the tape provided probative, contemporaneous detail beyond the victim’s testimony. Justice Simons, in a concurring opinion, argued that the tape was inadmissible and constituted improper bolstering, but agreed the error was harmless.