PEOPLE v. ENCARNACION


187 A.D.2d 1007 (1992)

The People of the State of New York, Respondent, v. Bernabe Encarnacion, Appellant

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

November 18, 1992


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that County Court erred in admitting into evidence a tape recording of a conversation among an undercover officer, who died prior to trial, codefendant and defendant. For a tape-recorded conversation to be admissible, clear and convincing proof is required establishing "that the offered evidence is genuine and that there has been no tampering with...

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