People v. Victor R

In People v Victor R. (161 Misc 2d 212) the victim in an excited and stressful state reported to the "911" operator that someone was shooting through her door and then stated, "Vic, put it down" (Vic being the first name of the defendant). The trial court held a hearing to determine admissibility and at trial the "911" tape was admitted under the "present sense" exception. The tenor of the entire decision was that the tape was admissible because of its spontaneity, even though the victim was in court and able to testify. While the case of People v Brown and its requirement of corroboration was alluded to in the decision, no reference was made to any evidence of corroboration.