State v. Marcy

Defendant appeals his conviction by jury for simple assault. He argues that the trial court erred by (1) admitting the assault victim’s tape-recorded statement as past recollection recorded, pursuant to V.R.E. 803(5), and (2) denying defendant’s motion for judgment of acquittal pursuant to V.R.Cr.R 29, because the sole evidence supporting defendant’s conviction is past recollection recorded, which defendant argues does not meet the standards for reliability set out by this Court in State v. Robar, 157 Vt. 387, 395, 601 A.2d 1376, 1380 (1991). We affirm the trial court, holding that the…