People v. Wilson
| Decision Date | 13 April 1992 |
| Citation | 182 A.D.2d 734,582 N.Y.S.2d 462 |
| Parties | The PEOPLE, etc., Respondent, v. Ronnie WILSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gary E. Eisenberg, Monroe, for appellant.
Kenneth Gribetz, Dist. Atty., New City (Deborah Lowenberg, of counsel; Seth Milbauer on the brief), for respondent.
Before SULLIVAN, J.P., and ROSENBLATT, MILLER and SANTUCCI, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered October 3, 1989, convicting him of criminal possession of a controlled substance in the third degree (two counts) and criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
The defendant was arrested pursuant to a "buy and bust" operation conducted on February 22, 1989, and February 23, 1989, in Spring Valley, New York, for selling crack cocaine to an undercover officer. On both occasions the undercover police officer was wearing a device to record the transactions.
Prior to trial, the court conducted an audibility hearing to determine whether or not the tapes of the drug transactions were admissible. The court listened to the tapes, using transcripts prepared by the undercover officer and the Assistant District Attorney, and held that the tapes were "substantially audible", and thus, could be admitted at trial. When the tapes were admitted, the jury was permitted to use a set of transcripts prepared after the audibility hearing by the undercover officer and the Assistant District Attorney. The defendant objected to the admission of the tapes and the jury's use of the transcripts.
On appeal, the defendant argues that he was deprived of his right to a fair trial when the court admitted inaudible tapes and permitted the jury to use transcripts of the tapes which were prepared by the undercover officer. We agree.
A review of the tapes indicates that they are almost entirely inaudible. Although a portion of a tape is audible, this portion does not relate to the drug transaction. Therefore, we conclude that the trial court erred when it found that the tapes were admissible (see, People v. Brown, 104 A.D.2d 1044, 481 N.Y.S.2d 114). The court's error in admitting the tapes was compounded by permitting the jury to use transcripts while it reviewed the tapes (see, People v. Mincey, 64 A.D.2d 615, 406 N.Y.S.2d 526; People v. Brown, supra; People v. Colon, 87 A.D.2d 826, 449 N.Y.S.2d 11; People v. Pagan, 80 A.D.2d 924, 437...
To continue reading
Request your trial
-
People v. Michael M.
...849, 314 N.E.2d 413 [pretrial hearing to determine prosecutor's use of prior conviction to impeach the defendant]; People v. Wilson, 182 A.D.2d 734, 582 N.Y.S.2d 462 [pretrial hearing to determine audibility of tape recording]; People v. Colon, 180 A.D.2d 876, 879, 580 N.Y.S.2d 95 [pretrial......
-
People v. Russell
...1462, 1463, 58 N.Y.S.3d 213 [2017], lv denied 30 N.Y.3d 1106, 77 N.Y.S.3d 5, 101 N.E.3d 391 [2018] ; compare People v. Wilson, 182 A.D.2d 734, 735, 582 N.Y.S.2d 462 [1992] ). Rather, defendant contends that the transcripts were inaccurate or incomplete and, thus, operated to mislead the jur......
-
People v. Polk, s. B075043
...had failed to employ any of the enumerated safeguards to ensure the accuracy of the transcripts. (Ibid.; see also People v. Wilson (1992) 582 N.Y.S.2d 462, 182 A.D.2d 734 [conviction reversed because only audible portion of tape pertained to irrelevant matter and trial court permitted jury ......
-
People v. Wilson
...People v. Peterson, 188 A.D.2d 1002, 592 N.Y.S.2d 998; People v. Watson, 172 A.D.2d 882, 568 N.Y.S.2d 182; compare, People v. Wilson, 182 A.D.2d 734, 582 N.Y.S.2d 462). Since the tapes were audible and intelligible to third parties, the County Court properly exercised its discretion in allo......
-
Photographs, recordings, & x-rays
...County, 1996). A recording made by an undercover police oicer is subject to the same standards for admission. See People v. Wilson , 182 A.D.2d 734, 582 N.Y.S.2d 462 (2d Dept. 1992). A foundation for a sound recording may be established by a participant in the conversation who attests to ac......
-
Photographs, recordings, & x-rays
...County, 1996). A recording made by an undercover police oicer is subject to the same standards for admission. See People v. Wilson , 182 A.D.2d 734, 582 N.Y.S.2d 462 (2d Dept. 1992). A foundation for a sound recording may be established by a participant in the conversation who attests to ac......
-
Table of cases
...303, 598 N.Y.S.2d 167 (1993), § 1:310 People v. Wilson, 168 A.D.2d 696, 563 N.Y.S.2d 561 (3d Dept. 1990), § 10:10 People v. Wilson, 182 A.D.2d 734, 582 N.Y.S.2d 462 (2d Dept. 1992), § 10:30 People v. Wilson, 52 A.D.3d 941, 859 N.Y.S.2d 518 (3d Dept. 2008), § 2:135 People v. Wilson, 7 A.D.3d......
-
Photographs, recordings, & x-rays
...County, 1996). A recording made by an undercover police officer is subject to the same standards for admission. See People v. Wilson , 182 A.D.2d 734, 582 N.Y.S.2d 462 (2d Dept. 1992). A foundation for a sound recording may be established by a participant in the conversation who attests to ......