PEOPLE v. BROWN


104 A.D.2d 1044 (1984)

The People of the State of New York, Respondent, v. Jerome Brown, Appellant

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

October 29, 1984


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

At defendant's trial on the charge of burglary in the third degree, the prosecution was permitted to introduce into evidence a tape recording made by the complaining witness of a conversation between herself and the defendant more than two months after the incident in question. Portions of the tape recording were played for the jurors, who were aided in their...

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