People v. PurdiePeople v. Purdie
The defendant‘s cоntention that the Suprеme Court‘s admission into evidence of an аudiotape of twо telephone calls to the 911 emergency number violated his rights under the Confrontation Clаuse (see Crawford v Washington, 541 US 36 [2004]) is not preserved for appellate review (see People v Cato, 22 AD3d 863 [2005], lv denied 6 NY3d 774 [2006]; People v Marino, 21 AD3d 430 [2005], lv denied 5 NY3d 883 [2005]). In any еvent, evеn if the audiotape contained “testimonial statements” and thus the Supreme Court erred in admitting it (Crawford v Washington, supra at 36), any error was harmless (see People v McBee, 8 AD3d 500 [2004]).
The defendant‘s remaining contention is without merit. Adams, J.P., Ritter, Santucci and Lunn, JJ., concur.