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United States v. Scott

United States District Court, S.D. New York

November 28, 2014

UNITED STATES OF AMERICA,
v.
ANTHONY SCOTT, Defendant.

Jennifer L. Brown, Esq., Daniel G. Habib, Esq., Federal Defenders of New York Inc. (NYC), New York, NY, for Defendant Anthony Scott.

James M. McDonald, Robert L. Boone, Assistant U.S. Attorneys, New York, NY, for the Government.

MEMORANDUM OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Anthony Scott faces criminal charges for being a felon in possession of a firearm. As part of its case against Scott, the Government intends to introduce the recording of a 911 Call in which the caller reported that a short, light-skinned black male brandished a gun and proceeded, weapon in hand, to the courtyard of the Mott Haven Houses, a development in the South Bronx. Scott has filed a motion in limine seeking, inter alia, to have the 911 Call excluded (1) as inadmissable hearsay, or (2) under the Confrontation Clause. For the reasons set forth below, Scott's motion as to the 911 call is DENIED.[1]

II. DISCUSSION

On July 10, 2014, at 1:36 AM, the following call was placed to 911:

Operator: 911. What's the police emergency?
Caller: Yeah, there's guys on Willis between 141 and 142nd, with a firearm he just pulled out on me.
Operator: Where this happen to you, East 141 Street and East 142 Street?
Caller: It's between 140... 143rd.
Operator: 143rd and 142nd?
Caller: 143rd. 143rd and Willis.
Operator: Willis Avenue and ...

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