PEOPLE v. VALLE


235 A.D.2d 352 (1997)

652 N.Y.S.2d 969

The People of the State of New York, Respondent, v. Armando Valle, Appellant

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

January 28, 1997


Defendant's contentions are unreviewable, since he has failed to produce a copy of the audiotape whose admission into evidence is at issue. Although portions of the tape are quoted in the record, it appears that the challenge to its admissibility cannot be resolved without the entire tape, which has become unavailable through no fault of the People. Even assuming arguendo that the trial court erred in admitting the tape under the coconspirator's exception to the hearsay rule...

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