Legal Opinion

The People v. Gregory Vining

New York Court of Appeals

Decided February 14, 2017No. 1PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

The trial court did not abuse its discretion as a matter of law in admitting a phone call between defendant and his ex-girlfriend as an adoptive admission. Once the People satisfied the threshold evidentiary requirements for admissibility, the call was properly placed before the jury to weigh its import and significance. That the call was recorded while defendant was incarcerated does not change our analysis.

1—1

Defendant was charged with several counts of assault, trespass and criminal mischief, all arising out of incidents involving him and his…

2Cases cited7 opinions

  1. People v. ConyersNew York Court of Appeals · 1981
  2. People v. . KoernerNew York Court of Appeals · 1897
  3. People v. AllenNew York Court of Appeals · 1949
  4. The People v. Marcellus JohnsonNew York Court of Appeals · 2016
  5. People v. CampneyNew York Court of Appeals · 1999

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3Cited by6 opinions

  1. People v. OliverAppellate Division of the Supreme Court of the State of New York · 2021
  2. Loughlin v. MeghjiAppellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Feng Xia Wang v. Yong ZhaoAppellate Division of the Supreme Court of the State of New York · 2026
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. Lopez (Luis)Appellate Terms of the Supreme Court of New York · 2018

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