Legal Opinion

People v. Gandy

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1989PublishedCited by 8 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The court did not err in admitting the tape and a transcript of a 911 call placed by the victim Cynthia Little during the incident. After the tape was played and the transcript was submitted to the jury, the court cautioned the jury that the transcript was merely an aid, that they were not bound to accept it, and that they must decide what was said on the tape. This was in all respects proper (see, People v Kuss, 81 AD2d 427, 430). The determination of whether to admit a tape recording is left to the discretion of the Trial Judge (see, People v…

2Cases cited5 opinions

  1. People v. LubowNew York Court of Appeals · 1971
  2. People v. WarnerAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. KussAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. PryorAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by8 opinions

  1. People v. CobbAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. ClevelandAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. CaswellAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. SotoAppellate Division of the Supreme Court of the State of New York · 1990

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