PEOPLE v. SCULLION

601, 79403C/10.

137 A.D.3d 645 (2016)

29 N.Y.S.3d 24

2016 NY Slip Op 02159

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

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

Decided March 24, 2016.


The court properly exercised its discretion in admitting a videotape of defendant performing coordination tests. Although the police officer who administered the tests did not testify, the videotape was authenticated by the arresting officer, who was a witness to the recorded events (see People v Patterson, 93 N.Y.2d 80, 84 [1999]). Since no testimony was elicited regarding the conclusion to be drawn from the tests, or what the person...

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