PEOPLE v. ELY


68 N.Y.2d 520 (1986)

The People of the State of New York, Respondent, v. Karen T. Ely, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1986.


Attorney(s) appearing for the Case

Stephen R. Coffey and Salvatore D. Ferlazzo for appellant.

Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEYER, J.

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...

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