PEOPLE v. SCAROLA


71 N.Y.2d 769 (1988)

The People of the State of New York, Respondent, v. Michael Scarola, Appellant. The People of the State of New York, Respondent, v. Henry Merchant, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1988.


Attorney(s) appearing for the Case

Andrew C. Fine and Philip L. Weinstein for appellant in the first above-entitled action.

Paul T. Gentile, District Attorney (Lisa M. Rubin and Peter D. Coddington of counsel), for respondent in the first above-entitled action.

Miriam J. Hibel and Philip L. Weinstein for appellant in the second above-entitled action.

Paul T. Gentile, District Attorney (Robert L. Shepherd and Billie Manning of counsel), for respondent in the second above-entitled action.

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


SIMONS, J.

The principal issue presented in these unrelated appeals is whether the trial courts erred in refusing to allow defendants to demonstrate their voices to the jury. Inasmuch as the voice exemplars were offered as real or demonstrative evidence, defendants did not have an absolute legal right to admission of the evidence and under the circumstances presented we hold that neither court abused its discretion...

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