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PEOPLE v. COLON

162/12, 9966A, 9966.

176 A.D.3d 419 (2019)

110 N.Y.S.3d 20

2019 NY Slip Op 07027

The People of the State of New York, Respondent, v. Serafin E. Colon, Appellant.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Justine M. Luongo , The Legal Aid Society, New York ( Katheryne M. Martone of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

The trial court providently exercised its discretion in admitting a recording of a voicemail defendant left for the victim, even though only parts of it were audible and intelligible (see People v Rivera, 257 A.D.2d 172, 176 [1st Dept 1999], affd 94 N.Y.2d 908 [2000]; see also People v Patterson, 93 N.Y.2d 80, 84 [1999]). The victim testified to...

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