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PEOPLE v. WADE

173 A.D.2d 662 (1991)

The People of the State of New York, Respondent, v. Edward Wade, Appellant

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

May 20, 1991

Ordered that the judgment is affirmed.

The court did not err in admitting the tape of the drug transaction between the defendant and a confidential informant. Audibility of tape recordings is a preliminary question to be decided in the trial court's discretion (see, People v Lubow, 29 N.Y.2d 58, 68; People v Robinson, 158 A.D.2d 628). Even though certain portions of the tape...

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