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PEOPLE v. HARRELL

187 A.D.2d 453 (1992)

The People of the State of New York, Respondent, v. Elvis Harrell, Appellant

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

November 2, 1992

Ordered that the judgment is affirmed.

The defendant's contention that a police videotape of his sale of controlled substance to an undercover officer was improperly admitted at trial because of irregularities in the recording is without merit. Whether a tape recording should be admitted into evidence is within the discretion of the trial court (People v Morgan, 175 A.D.2d 930, 932). This determination is to be made after...

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