New York Court of Appeals

The People of the State of New York, Respondent v. Tito Kello, Appellant

February 8, 200196 N.Y.2d 740

Summary

The Court of Appeals affirmed the Appellate Division’s order, holding that the 911 tapes were improperly admitted under the present‑sense impression exception but that the error was harmless beyond a reasonable doubt, so the conviction stands.