In People v. Schuler, 23 Misc 3d 1137[A], 2009 NY Slip Op 51176[U] (Crim Ct, Kings County 2009) the Court held that the facts did not sufficiently establish how long after the startling event came the complainant's declaration to the police officer. The court said it was not convinced that the complainant's demeanor ("shaking and very upset") and the swelling and redness about her face showed that she was still under the stress of the violence allegedly perpetrated upon her.