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PEOPLE v. WILLIAMS

160 A.D.2d 754 (1990)

The People of the State of New York, Respondent, v. Toby Williams, Appellant

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

April 2, 1990

Ordered that the judgment is affirmed.

Voice exemplar evidence is not admissible as of right but lies within the sound discretion of the trial court which is in the best position to weigh its relevance, reliability and whether "its probative value is substantially outweighed by the danger that it will unfairly prejudice the other side or mislead the jury" (People v Scarola, 71 N.Y.2d 769

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