Opinion
March 26, 1998
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
The 911 call by an anonymous caller three minutes after the shooting was sufficiently contemporaneous to qualify for admission under the present sense impression exception. In any event, any error in admission of this evidence was harmless in view of the overwhelming evidence of defendant's guilt ( People v. Johnson, 213 A.D.2d 241, lv denied 86 N.Y.2d 782).
The evidence of defendant's guilt of depraved indifference murder was legally sufficient "notwithstanding that the evidence would have also supported a finding of intentional murder" ( People v. Arce, 242 A.D.2d 508, 509). There was ample evidence supporting defendant's accessorial liability for depraved indifference murder, as charged by the court.
Since separate acts toward separate victims were involved, the court properly imposed consecutive sentences for the reckless endangerment and murder convictions ( see, People v. Creekmore, 106 A.D.2d 260, 261, lv denied 65 N.Y.2d 978; see also, People v. Brathwaite, 63 N.Y.2d 839, 842-843).
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.