Legal Opinion
People v. Ebramha
Criminal Court of the City of New York
Decided March 10, 1993PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Megan Tallmer, J.
The People have moved for reconsideration of the court’s decision (157 Misc 2d 217) on the ground that a certificate pursuant to CPLR 4521 is not required because at common *223law, the custodian of a public record could give oral testimony as to the absence of a record. The People reason that if such testimony is permitted at trial, an affidavit by a custodian attesting to the absence of a record should not be considered hearsay in the pleading context. (See, Matter of Rodney J., 108 AD2d 307, 311 [1st Dept 1985] [under CPL 100.40 (1) "hearsay” means only…
2Cases cited8 opinions
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- In re Rodney J.Appellate Division of the Supreme Court of the State of New York · 1985
- People v. SyllaCriminal Court of the City of New York · 1992
- People v. DioufCriminal Court of the City of New York · 1992
- Gravel Products Division of Buffalo Crushed Stone Corp. v. Sunnydale Acres, Inc.New York Supreme Court · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. PierreCriminal Court of the City of New York · 1993
- People v. MansonCriminal Court of the City of New York · 1997
- People v. EastmondCriminal Court of the City of New York · 2008