People v. Ely
New York Court of Appeals
1Opinion of the Court
*522OPINION OF THE COURT
Meyer, J.
The predicate for admission of tape recordings in evidence is clear and convincing proof that the tapes are genuine and that they have not been altered. Absent such proof, the defendant’s concession that the voice on the tapes is his or hers and that he or she recalls making some of the statements on the tapes does not exclude the possibility of alteration and, therefore, does not sufficiently establish authenticity to make the tapes admissible. Moreover, when, as here, tapes which are admitted to prove motive contain evidence of crimes other than that for which…
2Cases cited23 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. VentimigliaNew York Court of Appeals · 1981
- People v. McGeeNew York Court of Appeals · 1979
- People v. VailsNew York Court of Appeals · 1977
- People v. SantarelliNew York Court of Appeals · 1980
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3Cited by255 opinions
- People v. AlvinoNew York Court of Appeals · 1987
- People v. LewisNew York Court of Appeals · 1987
- People v. PattersonNew York Court of Appeals · 1999
- Gibbons v. SavageCourt of Appeals for the Second Circuit · 2009
- People v. BierenbaumAppellate Division of the Supreme Court of the State of New York · 2002
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