PEOPLE v. WINGATE

2468/11, 5134/11, 16315B, 1395/12, 16315A, 16315.

134 A.D.3d 456 (2015)

19 N.Y.S.3d 880

2015 NY Slip Op 08949

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS WINGATE, Appellant.

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

Decided December 8, 2015.


Authenticated records of purchase confirmation emails were properly admitted, not for their truth, but for the nonhearsay purpose of showing that defendant's identifying information, including his address, phone number, last name, nickname and date of birth, appeared in a particular email account that was associated with a fraudulent credit card application. In the context of the case, the contents of these emails constituted circumstantial evidence linking defendant to that...

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