Berger v. City of New York

OPINION OF THE COURT

Harold Tompkins, J.

During the trial of this action, the transcript of a 911 recording was proffered by plaintiff’s counsel for admission *522into evidence. Plaintiffs counsel had laid no foundation for introduction of the tape recording and was unable to state the identity of the recorded witness. Defendant’s counsel objected to introduction of the statement on grounds that it was hearsay. Plaintiffs counsel contended that the statement should be received in evidence as an exception to the hearsay evidence rule as a present sense impression.

New York traditionally did not…