People v. Encarnacion

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that County Court erred in admitting into evidence a tape recording of a conversation among an undercover officer, who died prior to trial, codefendant and defendant. For a tape-recorded conversation to be admissible, clear and convincing proof is required establishing "that the offered evidence is genuine and that there has been no tampering with it” (People v McGee, 49 NY2d 48, 59, cert denied sub nom. Waters v New York, 446 US 942). Clear and convincing proof…