PEOPLE v. HARTE


29 A.D.3d 475 (2006)

815 N.Y.S.2d 93

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HARTE, Appellant.

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

May 30, 2006.


Initially, we find that the trial court erred in admitting testimony from the store owner's four employees detailing their conclusions, drawn from their observation as a group of a poor-quality surveillance videotape, that defendant gathered garbage and had set the fire, especially since the videotape was the only evidence the prosecution could muster against defendant, and none of the employees had actually witnessed the incident. Thus, their opinions "were inadmissible...

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