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PEOPLE v. VINING

No. 1.

28 N.Y.3d 686 (2017)

71 N.E.3d 563

49 N.Y.S.3d 72

2017 NY Slip Op 01144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY VINING, Appellant.

Court of Appeals of New York.

Decided February 14, 2017.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Margaret E. Knight of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ross D. Mazer , Sheila L. Bautista and Susan Axelrod of counsel), for respondent.

Judges STEIN, FAHEY and GARCIA concur; Judge RIVERA dissents in an opinion in which Chief Judge DIFIORE concurs; Judge WILSON taking no part.

OPINION OF THE COURT

The trial court did not abuse its discretion as a matter of law in admitting a phone call between defendant and his exgirlfriend as an adoptive admission. Once the People satisfied the threshold evidentiary requirements for admissibility, the call was properly placed before the jury to weigh its import...

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