In People v. Valentine, 40 Misc 3d 28 (App Term, 2d, 11th and 13th Jud Dists; lv denied 21 NY3d 1046 [2013]) the deponent police officer had arrived within a few minutes after receiving a radio run in the early morning hours. He encountered the complainant standing outside in the January night without coat or shoes. She was screaming and crying (id.). She told the officer that the defendant had choked her. The Appellate Term held that while it was impossible to determine the exact amount of time that had elapsed between the alleged assault and the victim's statement," the statement was an excited utterance, the accusatory instrument was facially sufficient, and the dismissal would be reversed.