PEOPLE v. PENNICK


204 A.D.2d 988 (1994)

612 N.Y.S.2d 723

The People of the State of New York, Respondent, v. John M. Pennick, Appellant

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

May 27, 1994


Judgment unanimously affirmed.

Memorandum:

County Court erred in permitting a codefendant to testify during the prosecutor's direct case regarding the contents of a letter that was not produced. The admission of that testimony violates the "best evidence rule", which "requires that one who desires to prove the contents of a writing, do so by producing the writing itself unless sufficient reason is shown for its absence" (People v Colon, 281 App Div...

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