People v. Arena

OPINION OF THE COURT

Hancock, Jr., J.

The question presented is whether the authenticating testimony of a participant in a conversation can, without additional proof, establish a sufficient foundation for the admission of a tape of the conversation. We hold that under the circumstances in this case such testimony is sufficient.

A jury has convicted defendant, Leo Arena, of attempted grand larceny by extortion and attempted coercion in connection with an effort to "shake down” Daniel Hartnett, the proprietor of a massage parlor. The main item of evidence against the defendant was a tape recording…