PEOPLE v. DALEY


31 A.D.3d 661 (2006)

818 N.Y.S.2d 300

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER DALEY, Appellant.

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

July 18, 2006.


Ordered that the judgment is affirmed.

On the eve of trial, the defendant telephoned a witness and informed the witness that she need not cooperate with the police or the prosecutors. The witness recorded the conversation with a microcassette tape recorder by holding the tape recorder to the telephone ear piece. The defendant objected to the admission of the tape based on its alleged inaudibility.

Whether a tape recording should be admitted into evidence is...

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