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People v. Arena

401 N.E.2d 183, 48 N.Y.2d 944, 425 N.Y.S.2d 60, 1979 N.Y. LEXIS 2549
CourtNew York Court of Appeals
DecidedDecember 17, 1979
StatusPublished
Cited by16 cases

This text of 401 N.E.2d 183 (People v. Arena) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Arena, 401 N.E.2d 183, 48 N.Y.2d 944, 425 N.Y.S.2d 60, 1979 N.Y. LEXIS 2549 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. The dispositive issue on this appeal is whether a sufficient foundation was provided for the introduction of a tape recording of a conversation between defendant and his victim. We conclude that the uncontradicted testimony of that victim, who identified the recording as a fair and accurate reproduction of the conversation, was sufficient to support the decision of the trial court to admit the recording into evidence in the absence of any indication that the tape had been altered (see People v McGee, 49 NY2d 48). We have examined defendant’s other contentions, and find them to be devoid of any merit. .

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer concurs on the basis stated in his concurring opinion in People v McGee (49 NY2d 48).

Order affirmed in a memorandum.

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Bluebook (online)
401 N.E.2d 183, 48 N.Y.2d 944, 425 N.Y.S.2d 60, 1979 N.Y. LEXIS 2549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arena-ny-1979.