What is the current state of the law on "present sense impression"?
"New York", United States of America
The following excerpt is from Balzola v. Giese, 2013 NY Slip Op 30324 (N.Y. Sup. Ct. 2013):
Again, defense counsel is right in her statement of the law, but wrong in its application. "Present sense impression" is a somewhat esoteric exception to the hearsay rule but has been codified in the Federal Rules of Evidence and has been accepted as a valid exception in New York State [See, e.g., People v. Brown, 80 NY2d 729 (1993)]. As stated in Rule 803 of the Federal Rules of Evidence:
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