State v. Capers, 208 N.C. App. 605 (Dec. 21, 2010)

A victim’s statement to his mother, made in the emergency room approximately 50 minutes after a shooting and identifying the defendant as the shooter, was a present sense impression under Rule 803(1). The time period between the shooting and the statement was sufficiently brief. The court noted that the focus of events during the gap in time was on saving the victim’s life, thereby reducing the likelihood of deliberate or conscious misrepresentation.