Legal Opinion
People v. Kennedy
New York Court of Appeals
Decided December 19, 1986PublishedCited by 160 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
This appeal presents a novel application of the business records exception to the hearsay rule (CPLR 4518): two miniature pocket diaries, identified by the People’s retained expert as the master records of a loanshark kept in the regular course of his business, were received in evidence in a prosecution against defendant to establish that he was the loans-hark’s silent partner. We agree with the Appellate Division that a sufficient foundation for those records was not established, and there must be a new trial.
*572In this prosecution for conspiracy and criminal usury,…
2Cases cited13 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Ohio v. RobertsSupreme Court of the United States · 1980
- Johnson v. LutzNew York Court of Appeals · 1930
- People v. NievesNew York Court of Appeals · 1986
- Williams v. AlexanderNew York Court of Appeals · 1955
8 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. GuidiceNew York Court of Appeals · 1994
- People v. CratsleyNew York Court of Appeals · 1995
- People v. RawlinsNew York Court of Appeals · 2008
- People v. BrownNew York Court of Appeals · 2009
155 more not listed; retrieve them via the Exa API.