People v. Pennick

—Judgment unanimously affirmed. Memorandum: County Court erred in permitting a codefendant to testify during the prosecutor’s direct case regarding the contents of a letter that was not produced. The admission of that testimony violates the "best evidence rule”, which "requires that one who desires to prove the contents of a writing, do so by producing the writing itself unless sufficient reason is shown for its absence” (People v Colon, 281 App Div 354, 356; see also, Richardson, Evidence § 568 [Prince 10th ed]). The court further erred in denying defendant’s request to charge the jury that…