New York State Supreme Court, Appellate Division, Fourth Judicial Department
Admission into evidence – Victim’s crying
Appealed from Supreme Court, Ontario County
Background: The defendant appealed from his conviction of burglary and grand larceny. The conviction arose out of an incident in which the defendant broke into a home and stole property therein. He argues that the court erred in admitting the entirety of the victim’s 911 call made during the break-in, on the ground that the last 30 seconds of the audio recordings consisted solely of the victim’s crying.
Ruling: The Appellate Division affirmed. The court held that it was a contemporaneous account of the break-in, the call was relevant to corroborate some of the victim’s testimony and the admission of the call in its entirety was not so inflammatory that its prejudicial effect exceeded its probative value.
Bradley E. Keem, of Keem Appeals, for the defendant-appellant; V. Christopher Eaggleston, of the district attorney’s office, for the respondent.