[Download] "People State New York v. Karen T. Ely" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Karen T. Ely
- Author : Court of Appeals of New York
- Release Date : January 18, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[68 N.Y.2d 520 Page 522] Opinion OF THE COURT The predicate for admission of tape recordings in evidence is clear and convincing proof that the tapes are genuine and that they have not been altered. Absent such proof, the defendant's concession that the voice on the tapes is his or hers and that he or she recalls making some of the statements on the tapes does not exclude the possibility of alteration and, therefore, does not sufficiently establish authenticity to make the tapes admissible. Moreover, when, as here, tapes which are admitted to prove motive contain evidence of crimes other than that for which defendant is on trial, unrelated to motive or the relevance of which to motive is outweighed by its prejudicial effect, which is not itself otherwise admissible and not explanatory of the acts done or words used in the admissible part of the tapes, such material should be redacted before submission of the tapes to the jury. The tapes admitted in this case having been admitted without sufficient foundation and without proper redaction, the order of the Appellate Division affirming the judgment of conviction should be reversed and a new trial ordered.
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