PEOPLE v. ARENA


65 A.D.2d 182 (1978)

The People of the State of New York, Respondent, v. Leo Arena, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 15, 1978


Attorney(s) appearing for the Case

Peter C. Sulli, Sr., for appellant.

Lawrence T. Kurlander, District Attorney (Sharon Stiller of counsel), for respondent.

MARSH, P. J., and MOULE, J., concur with HANCOCK, JR., J.; SIMONS and SCHNEPP, JJ., dissent and vote to reverse the judgment and grant a new trial in an opinion by SIMONS, J.


HANCOCK, JR., J.

The question presented is whether the authenticating testimony of a participant in a conversation can, without additional proof, establish a sufficient foundation for the admission of a tape of the conversation. We hold that under the circumstances in this case such testimony is sufficient.

A jury has convicted defendant, Leo Arena, of attempted grand larceny by extortion and attempted...

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