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PEOPLE v. PENDELL

No. 45 SSM 1.

33 N.Y.3d 972 (2019)

124 N.E.3d 162

100 N.Y.S.3d 612

2019 NY Slip Op 02152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PERRY PENDELL, Appellant.

Court of Appeals of New York.

Decided March 21, 2019.

Attorney(s) appearing for the Case

Hug Law, PLLC, Albany ( Matthew C. Hug of counsel), for appellant.

Paul Czajka , District Attorney, Hudson ( Trevor O. Flike of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed. The contested photographs were sufficiently authenticated through the testimony of the complainant and the law enforcement agents who extracted the photographs from the defendant's cell phone and computers (see People v Byrnes, 33 N.Y.2d 343, 347 [1974]). Accordingly, County Court did not abuse its...

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