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PEOPLE v. COLLINS

2010-02885

90 A.D.3d 1069 (2011)

934 N.Y.S.2d 830

2011 NY Slip Op 9666

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN COLLINS, Appellant.

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

Decided December 27, 2011.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly admitted a recording of a telephone call made by the defendant while he was incarcerated (see People v Ely, 68 N.Y.2d 520, 527-528 [1986]; People v McGee, 49 N.Y.2d 48, 59-60 [1979], cert denied sub nom. Waters v New York, 446 U.S. 942 [1980]). A sufficient foundation...

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