People v. Mason

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]). Defendant contends that Supreme Court erred in allowing a witness to testify to a conversation that she overheard. The witness testified that the conversation was between her neighbor and a man she believed to be defendant, but she was unable to identify defendant’s voice. Contrary to defendant’s contention, the court properly allowed the testimony. The identity of a party to a conversation may be established by…