PEOPLE v. BROWN


214 A.D.2d 679 (1995)

625 N.Y.S.2d 925

The People of the State of New York, Respondent, v. Carlos Brown, Appellant

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

April 17, 1995


Ordered that the judgment is affirmed.

During the trial, portions of an audiotape of a telephone conversation between an alibi witness and an Assistant District Attorney were admitted into evidence. The defendant failed to preserve for appellate review his contention that the audiotape was not properly authenticated (see, CPL 470.05 [2]).

The defendant contends that the portions of the audiotape in which the witness stated that the defendant had let...

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