People v. Campney

I respectfully dissent.

Upon defendant’s motion challenging the admissibility of the statement by Burton Campney (hereinafter Campney), County Court was required to make an evidentiary ruling thereon, i.e., it was required to determine whether the People had laid a proper foundation for the admission of the statement by proffering sufficient evidence to support a finding that defendant had adopted the statement as his own. While the jury was entitled to ultimately decide whether defendant adopted the statement (see, People v Woodward, 50 NY2d 922; People v Oquendo, 232 AD2d 881, lv denied 89…