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Fourth Department – Facebook image: People v. Burke
Daily Record Staff//March 25, 2025//
Listen to this articleNew York State Supreme Court, Appellate Division, Fourth Judicial Department
Facebook image — Authentication
KA 22-00257
Appealed from Supreme Court, Monroe County
Background: The defendant appealed from his conviction of two counts of criminal possession of a weapon. At the time of the incident, the defendant had pointed a gun in the direction of the victim and pursued the victim for a short period of time with his gun drawn. He challenges the identification and authentication of his image taken from a Facebook page.
Ruling: The Appellate Division affirmed. The court held the authenticity of the image was established by the testimony of a witness who had personal knowledge of the defendant.
Alexander Prieto, of the public defender’s office, for the defendant-appellant; Ryan P. Ashe, of the district attorney’s office, for the respondent.
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