People v. Arena

• Decision Date: 17 December 1979
• Citation: 425 N.Y.S.2d 60,401 N.E.2d 183,48 N.Y.2d 944
• Parties: , 401 N.E.2d 183 The PEOPLE of the State of New York, Respondent, v. Leo ARENA, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 60

425 N.Y.S.2d 60

48 N.Y.2d 944, 401 N.E.2d 183

The PEOPLE of the State of New York, Respondent, v. Leo ARENA, Appellant.

Court of Appeals of New York.

Dec. 17, 1979.

Peter C. Sulli, Sr., Rochester, for appellant.

Lawrence T. Kurlander, Dist. Atty. (Sharon P. Stiller, Rochester, of counsel), for respondent.

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 N.Y.2d 48, 424 N.Y.S.2d 157, 399 N.E.2d 1177, decided herewith). We have examined defendant's other contentions, and find them to be devoid of any merit.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG, JJ., concur.

MEYER, J., concurs on the basis stated in his concurring opinion in People v. McGee (49 N.Y.2d 48, 424 N.Y.S.2d 157, 399 N.E.2d 1177, decided herewith).

Order affirmed in a memorandum.