People v. Campbell

Rudolph, EJ.

(dissenting and voting to reverse the judgment of conviction and dismiss the accusatory instrument in the following memorandum). I agree with defendant that the District Court abused, or, at the very least, improvidently exercised, its discretion in admitting the videotape (see People v Patterson, 93 NY2d 80, 84 [1999]). The People relied to a large extent on *86chain-of-custody testimony to lay the foundation for admission of the tape (see People v Ely, 68 NY2d 520, 527-528 [1986]; People v Orlando, 61 AD3d 1001 [2009]). According to the prosecution testimony, one of the victim’s…