PEOPLE v. FRANZESE

2015-07763, Ind. No. 1144/14.

154 A.D.3d 706 (2017)

61 N.Y.S.3d 661

2017 NY Slip Op 06959

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD FRANZESE, Appellant.

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

Decided October 4, 2017.


Ordered that the judgment is affirmed.

The defendant's contention that a YouTube video that was admitted into evidence was not properly authenticated is only partially preserved for appellate review (see CPL 470.05 [2]). In any event, the contention is without merit. "[A]uthenticity is established by proof that the offered evidence is genuine and that there has been no tampering with it," and "[t]he foundation necessary to establish these elements may differ...

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